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e/lNNALSof 


WYOMING 


Volume  53,  Number  1 
Spring,  1981 


THE  WYOMING  STATE  ARCHIVES,  MUSEUMS  AND  HISTORICAL  DEPARTMENT 

The  function  of  the  Wyoming  State  Archives,  Museums  and  Historical  Department  is 
to  collect  and  preserve  materials  which  tell  the  story  of  Wyoming.  It  maintains  the  state's 
historical  library  and  research  center,  the  Wyoming  State  Museum  and  branch  museums, 
the  State  Art  Gallery  and  the  State  Archives.  The  Department  solicits  original  records  such 
as  diaries,  letters,  books,  early  newspapers,  maps,  photographs  and  art  and  records  of  early 
businesses  and  organizations  as  well  as  artifacts  for  museum  display.  The  Department  asks 
for  the  assistance  of  all  Wyoming  citizens  to  secure  these  documents  and  artifacts.  Depart- 
ment facilities  are  designed  to  preserve  these  materials  from  loss  and  deterioration. 

WYOMING  STATE  LIBRARY,  ARCHIVES  AND  HISTORICAL  BOARD 

Mrs.  Suzanne  Knepper,  Buffalo,  Chairman 

Dave  Paulley,  Cheyenne 

Mrs.  Wilmot  C.  McFadden,  Rock  Springs 

Eugene  Martin,  Evanston 

Jerry  Rillahan,  Worland 

Mrs.  Mae  Urbanek,  Lusk 

Ken  Richardson,  Lander 

Frank  Bowron,  Casper 

Attorney  General  Steven  H.  Freudenthal  (ex-officio) 


ABOUT  THE  COVER — The  cover  painting  of  Fort  Fred  Steele  was  executed  in  the  1870s 
by  Phillipe  Denis  De  Trobriand.  De  Trobriand  was  a  Frenchman  of  noble  birth  who  had 
been  educated  at  the  College  of  Tours  and  awarded  a  law  degree  from  Poitiers.  He  toured 
the  U.S.  in  1841,  married  an  American  woman,  then  went  back  to  France  for  several  years. 
In  1847,  he  returned  to  this  country  to  live  permanently.  During  the  Civil  War,  taken  with 
"...  a  cause  that  had  immortalized  Lafayette,  "  he  became  a  citizen  of  the  U.S.  and  as- 
sumed command  of  a  group  of  Union  volunteers  as  a  general.  After  that  conflict,  he  served 
as  a  colonel  in  the  regular  army.  He  was  assigned  to  Dakota,  Montana,  Utah  and  Wyoming 
in  the  course  of  his  military  career.  A  diarist,  poet,  and  novelist,  De  Trobriand  was  also  a 
gifted  amateur  painter.  Everywhere  in  his  travels  he  saw  subjects  for  pictures — his  sketches 
and  paintings  include  works  on  Indians,  landscapes  and  Western  military  structures.  Both 
in  his  journals  and  art  works,  De  Trobriand  revealed  a  remarkable  perceptiveness  of  the 
world  around  him.  He  was  sensitive  to  the  people  he  encountered  and  to  the  environment  in 
which  he  found  them.  De  Trobriand's  literary  and  artistic  endeavors  serve  not  only  as 
aesthetic  expressions  of  life  in  the  American  West  a  hundred  years  ago,  but  as  valuable 
historical  documents  that  provide  a  realistic,  accurate  picture  of  that  lifestyle.  The  cover 
painting  and  a  companion  piece  were  purchased  by  the  Wyoming  State  Art  Gallery  with 
funds  contributed  by  members  of  the  Wyoming  State  Historical  Society. 


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NNALS  of  WYOMING 


Volume  53,  No.  1 
Spring,  1981 


GOVERNOR  OF  WYOMING 

Ed  Herschler 

DIRECTOR 

Dr.  Michael  J.  Boyle 

CO-EDITORS 

William  H.  Barton 
Philip  J.  Roberts 

ASSISTANT  EDITORS 

James  R.  Laird 
Timothy  Cochrane 

EDITORIAL  ASSISTANTS 

Jean  Brainerd 
Klaudia  Stoner 
Kathy  Martinez 


TABLE  OF  CONTENTS 

BOOM  TOWNS  ON  THE  UNION  PACIFIC:  Laramie, 

Benton  and  Bear  River  City 2 

by  Emmett  D.  Chisum 

THE  NAVAL  OIL  RESERVE,  TEAPOT  DOME  AND  THE 

CONTINENTAL  TRADING  COMPANY  14 

by  Paul  H.  Giddens 

ALL  THE  NEWS  THAT'S  FIT  TO  CHUCKLE  OVER: 

Newspaper  Humor  in  the  Old  West 28 

by  Robert  G.  Keller 

WYOMING'S  FIRST  COAL  RAILROAD 34 

by  Mel  McFarland  t 

BROADWAY  IN  COW  COUNTRY:  The  History  of  ^'^ ^ 

Cheyenne  Little  Theatre  (Part  II) ,  .  n(^  (._.  .    38 

by  Lou  Burton  ^    '^^  -^T- 

ROVING  OVER  THE  WILDS  OF  WYOMING .V.  .....'.  ?.  ^^49 

by  Margaret  E.  Nielsen 

EDISON,  THE  ELECTRIC  LIGHT  AND  THE  ECLIPSE 54 

by  Philip  J.  Roberts 

WSHS  ANNUAL  MEETING 62 

BOOK  REVIEWS 66 

INDEX 70 

CONTRIBUTORS   72 


Annals  of  Wyoming  is  published  biannually  in  the  Spring  and  Fall. 
It  is  received  by  all  members  of  the  Wyoming  State  Historical  Society  as 
the  official  publication  of  that  organization.  Copies  of  previous  and  cur- 
rent issues  may  be  purchased  from  the  Co-Editors.  Correspondence  should 
be  addressed  to  the  Co-Editor5.  Published  articles  represent  the  views  of 
the  author  and  are  not  necessarily  those  of  the  Wyoming  State  Archives, 
Museums  and  Historical  Department  or  the  Wyoming  State  Historical 
Society.  ANNALS  OF  WYOMING  articles  are  abstracted  in  Historical 
Abstracts.  America:  History  and  Life. 

Library 

©Copyright  1981  by  the  Wyoming  State  Archives,  Museums  linH'Tiistorica I  Department. 

University  of  Wyoming 

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Benton,   Wyoming,  U 


By  Emmett  D.  Chisum 


As  construction  of  the  Union  Pacific  entered  Wyo- 
ming, local  inhabitants  were  apprehensive  about  the  de- 
termination of  division  points  along  the  Union  Pacific 
line.  These  decisions  by  Union  Pacific  officials  would 
determine  the  futures  of  Cheyenne,  Laramie,  Rawlins, 
Evanston  and  Green  River.  A  number  of  followers  of  the 
railroad  construction  crews  would  stay  in  these  division - 
point  towns,  find  useful  occupations  and  contribute  to 
the  growth  of  the  communities.  Others  would  move 
from  one  construction  site  to  another  in  their  portable 
houses  and  tents,  leaving  few  signs  of  the  boom  towns 
that  were  once  at  the  end  of  the  track. 

Construction  of  the  Union  Pacific  was  authorized  by 
an  Act  of  Congress  in  1862,  but  progress  was  interrupted 
by  the  Civil  War  and  only  40  miles  of  track  had  been 
completed  by  1865.  Following  the  war  there  were  no  dif- 
ficult problems  in  obtaining  workers  and  materials,  and 
with  the  appointment  of  General  Grenville  M.  Dodge  as 
chief  engineer,  considerable  progress  was  made  in  the 
construction  of  the  line  across  the  plains  of  Nebraska.' 

Jack  Casement  and  his  tracking  crew  reached  Chey- 
enne on  November  13,  1867.  On  November  14,  a  vast 
assemblage  of  citizens  and  a  brass  band  flocked  to  the 
Cheyenne  Station  to  celebrate  the  arrival  of  the  railroad. 
Eddy  Street  and  the  city  hall  were  well  lighted  for  the  oc- 
casion, and  a  large  transparent  banner  near  the  speakers 
stand  bore  the  mottoes,  "The  Magic  Town  Greets  the 
Continental  Railway,"  "Honor  to  Who  Honor  is  Due," 
and  "Old  Casement  We  Welcome  You."^ 

Work  continued  in  the  Laramie  Mountains  during 
the  winter,  and  30  miles  west  of  Cheyenne  the  town  of 
Dale  City  was  established  by  construction  workers, 
tiemen  and  wood  choppers.  The  Cheyenne  vigilantes 
drove  some  of  the  undesirable  elements  out  of  their 
town,  and  they,  too,  came  to  Dale  City.^ 

The  survey  of  the  town  of  Laramie  was  made  in  the 
fall  of  1867,  and  when  the  Union  Pacific  commenced 
the  sale  of  lots  in  April  of  1868,  there  were  several  hun- 
dred people  on  the  town  site  waiting  to  obtain  title  to  the 
lots  by  the  railroad  in  order  to  build  their  future  homes. 
Within  the  first  week  over  400  lots  were  sold  and  within 
the  next  month,  construction  on  buildings  had  started. 


The  walls  of  the  early  buildings  were  constructed  of  logs 
or  condemned  railroad  ties,  and  the  roofs  were  of  can- 
vas.'' 

In  spite  of  the  pleasant  location  of  Laramie,  the 
Cheyenne  Daily  Leader  questioned  the  future  status  of 
Laramie: 

But  it  is  supposed  that  Laramie  will  be  restored  to  its 
ancient  and  unbroken  quiet  except  perhaps  for  the  disturb- 
ing sound  of  a  locomotive?  Of  great  expectations  is  the 
town  of  Wyoming  which  is  destined  to  supercede  Laramie 
and  become  a  candidate  for  the  national  capitol.* 
According   to   the   notes   left    by   Edward    Ivinson, 
pioneer  Laramie  banker,  there  was  a  concerted  effort 
made  to  locate  the  division  point  of  the  railroad  at  Wyo- 
ming, at  the  time  known  as  Two  Rivers.  The  place  was 
about  ten  miles  north  of  Laramie  where  the  Big  and  Lit- 
tle Laramie  Rivers  unite.  According  to  Ivinson,  he  fur- 
nished the  financial  aid  to  build  the  first  courthouse 
which  helped  to  make  Laramie  a  division  point. ^ 

On  May  9  an  army  of  workers  stretched  the  iron  rails 
across  the  town  and  headed  for  the  plains  beyond.  The 
following  day  the  first  train  arrived  and  it  brought  with 
it  as  diverse  a  collection  of  humanity  and  merchandise  as 
ever  was  seen  on  the  plains.  There  were  cars  loaded  with 
merchandise,  such  as  groceries,  liquors,  gambling  out- 
fits, hardware  and  house-furnishing  goods  of  every 
description.  The  people  who  came  were  largely  of  the 
class  that  had  been  following  the  railroad  from  point  to 
point  and  had  been  doing  business  of  one  sort  or  another 
in  the  various  temporary  towns  along  the  Union  Pacific 
Railroad.' 

The  proposed  town  of  Laramie  had  been  well  adver- 
tised and  the  outlaw  element  realized  that  it  was  beyond 
the  pall  of  civilization.  The  town  served  as  a  magnet  for 
the  worst  sort  of  gamblers,  thieves,  highway  robbers, 
and  murderers  who  had  been  following  the  progress  of 
the  railway  construction  from  Omaha  west.  It  is  safe  to 
say  that  there  were  a  great  many  men  in  early  Laramie 
who  had  few  moral  principles,  and  they  intended 
through  violence  to  bring  into  subjection  the  citizens 
who  favored  decency  and  honesty.' 

A  prelude  to  things  yet  to  come  was  an  incident  in- 
volving W.  H.  Murphy  and  his  friend,  George  Hayes. 


€0MM!fMmgS  BECAME 
MPOBABI  fWiS  BBTIBNED 


Laramie,   Wyoming,  circa  1868.   "For  a  few  weeks  three  desperadoes  dominated  the  affairs  of  the  town. 


On  April  9,  they  were  met  by  the  Laramie  police  force 
and  a  few  of  their  friends.  The  police  tried  to  rob  the 
two  men  and  because  they  resisted  the  assault,  they  were 
arrested  and  put  in  jail.  One  member  of  the  police 
force,  a  friend  of  Hayes,  informed  the  two  that  the 
whole  plot  was  to  kill  Hayes,  and  that  Murphy  was  in  no 
danger.  During  the  night,  the  lawmen  led  by  a  man 
named  Louis  Roddapouch,  opened  fire  on  the  jail.  The 
first  bullet  from  the  lawman's  gun  wounded  Murphy  in 
the  knee,  but  despite  his  wounds  at  least  two  of 
Murphy's  bullets  hit  Roddapouch,  inflicting  flesh 
wounds.  A  group  of  citizens  living  nearby  heard  all  of 
the  shooting  and  broke  in  the  jail  and  rescued  Murphy. 

Roddapouch  was  captured  the  next  morning  and 
turned  over  to  the  sheriff.  Murphy  and  his  friends,  in- 
tent on  a  lynching,  demanded  Roddapouch.  As  they 
prepared  to  hang  him,  Moll  Tippets,  who  was  known  as 
the  "Bull  Whacker's  Pet"  came  to  bid  Roddapouch 
goodbye.  "Never  mind,"  she  said,  "if  these  cruel  men 
are  against  you.  Remember  God  is  for  you."  The  lynch- 
ing was  stopped  by  several  armed  men  and  Roddapouch 
was  transferred  to  Cheyenne. * 

In  spite  of  Laramie  having  a  municipal  government 
elected  by  the  people,  for  a  few  weeks  three  desperadoes 
dominated  the  affairs  of  the  new  city.  One  outlaw 
operated  a  saloon  in  a  log  house,  with  a  small  backroom 
connected  to  the  place.  Men  were  made  drunk,  robbed 
and    murdered.    Their    bodies    were    tossed    into    this 


backroom  and  then  loaded  into  wagons  and  hauled  out 
onto  the  plains  for  the  coyotes  and  other  animals  to  feast 
on.  This  saloon,  operated  by  the  Moyer  brothers, 
became  known  as  the  "Bucket  of  Blood."'" 

The  reaction  produced  by  the  criminal  activities 
resulted  in  the  organization  of  a  vigilante  committee 
composed  of  railroaders  and  businessmen  who  formulat- 
ed plans  to  take  action  against  the  outlaw  element.  On 
October  18,  the  hanging  of  a  young  man  known  only  as 
the  "Kid"  by  the  vigilantes  aroused  the  anger  of  the 
outlaw  element.  The  vigilantes,  in  their  next  course  of 
action,  organized  a  raid  on  a  notorious  saloon  known  as 
"The  Belle  of  the  West."  A  hundred  shots  were  ex- 
changed between  the  outlaws  and  the  vigilantes  and 
three  of  the  vigilantes  were  killed  before  the  battle  end- 
ed. The  vigilantes  broke  into  the  place  and  seized  Con 
Wagner,  Asa  Moore  and  Ed  Wilson.  Their  hands  were 
tied  by  ropes  and  they  were  tied  to  the  same  building 
where  the  "Kid"  had  met  his  fate.  The  next  morning 
"Big  Steve"  was  captured  and  marched  to  a  telegraph 
pole  near  the  station  house." 

According  to  an  account  by  W.  O.  Owen,  pioneer 
surveyor  and  mountain  climber,  the  vigilantes  seized 
"Big  Steve"  because  he  had  failed  to  leave  town  as  the 
group  had  ordered.  He  pleaded  with  the  men  to  spare 
his  life  and  said  that  he  would  leave  town  and  not  stop 
until  he  arrived  in  Omaha.  Without  benefit  of  clergy,  a 
rope  was  fastened  around  his  neck  and  he  was  pulled  up 


a  telegraph  pole.  "Big  Steve"  was  so  heavy  that  the  noose 
broke  and  he  fell  to  the  ground.  He  was  raised  to  the 
pole  a  second  time  and  the  rope  broke.  On  the  third  at- 
tempt, the  noose  held  and  "Big  Steve"  was  dead.'^ 

When  Grenville  Dodge,  chief  engineer  of  the  Union 
Pacific  Railroad,  was  away  in  Congress,  Thomas  Durant 
was  circulating  rumors  that  Laramie,  and  not  Chey- 
enne, would  be  the  main  division  point  on  the  railroad. 
When  General  Dodge  heard  of  the  Durant  stories  and 
the  nature  of  the  affairs  at  the  end  of  the  track,  he 
ordered  his  private  car  to  proceed  to  Laramie.  When 
Dodge  arrived  in  Laramie,  the  "Big  Tent"  was  doing  a 
thriving  gambling  business.  Dodge,  displeased  with  the 
condition  existing  in  Laramie,  threatened  to  have 
General  Gibbons  send  down  a  company  of  soldiers  and 
proclaim  martial  law.  Dodge  also  warned  Durant  not  to 
interfere  with  his  plans  for  building  the  railroad.'^ 

In  October  of  1868,  the  Union  Pacific  built  the 
Thomburg  Hotel.  The  dining  room  was  being  used  as  a 
restaurant  for  passengers  on  the  Union  Pacific.  In  the 
Thomburg  Hotel  Laramie  had  its  first  Christmas  tree  on 
Christmas  Eve  of  1868.  In  1869,  a  reception  was  held  in 
the  hotel  for  Governor  John  Campbell,  first  governor  of 
Wyoming  Territory. 

With  the  organization  of  the  Territory  of  Wyoming 
in  May  of  1869,  a  machinery  for  the  government  of  the 


territory  was  created.  County  officers  were  appointed 
and  the  first  term  of  court  was  held  in  1869  with  Judge 
William  Jones  presiding.  N.  K.  Boswell  became  sheriff 
of  the  new  county  and  was  diligent  in  the  enforcement  of 
the  laws.'"* 

The  Frontier  Index,  "the  press  on  wheels,"  followed 
the  construction  of  the  railroad  from  one  town  to 
another.  In  Albany  County  it  was  first  published  at  Fort 
Sanders  and  later  at  Laramie.  In  August  of  1868,  the 
press  was  moved  to  Green  River.  Fred  Freeman  was  the 
editor  along  the  line  on  construction  until  his  brother 
Legh  took  over  the  paper  in  Green  River.  In  the  frontier 
towns  of  the  Union  Pacific  the  Freeman  brothers  were 
recognized  as  the  "chiefs  of  the  vigilantes."'^ 

One  of  the  early  travelers  on  the  Union   Pacific, 
T.  E.  Lester  gives  the  following  description  of  Laramie: 
We  are  now  approaching  Laramie  City  — the  end  of 
the  division,  the  proposed  site  of  extensive  railroad  shops 
and  quite  a  busy  place,  the  natural  outlet  of  the  Laramie 
Plains,  which  is  now  open  as  a  great  grazing  field,  over 
which  even  now  thousands  of  cattle  are  roaming." 
Edward  L.  Sabin,  an  early  railroad  historian,  gave 
the  following  impression  of  Laramie: 

The  big  game  heads,  the  agates,  the  opals,  and  moun- 
tain amethysts  and  rubies  heaped  in  the  show  cases  of  the 
station  eating  house  and  were  the  feeblest  of  lures  for  in- 
coming tourists:   the  great  water  tank  and  its  windmill 


Newly  constructed  railroad  shops  at  Laramie,  circa  1870. 


seventy  five  feet  high,  on  a  base  twenty -five  by  fifteen 
feet  -  the  sparkling  streams  of  water  flowing  down  the  prin- 
cipal streets  failed  to  wash  away  the  sins  of  Laramie  and  its 
people  until  the  vigilantes  helped." 

Laramie  became  an  important  division  point  and 
men  worked  in  the  roundhouse  and  the  shops.  The 
steam  cars  rolled  through  the  town  day  and  night.  To  a 
large  portion  of  the  population  the  railroad  was  their 
means  of  earning  a  living  and  every  train  was  known  by 
a  number. 

During  the  summer  of  1868,  the  tracklayers  were 
pushing  out  across  the  Laramie  plains,  and  orders  were 
issued  to  change  the  line,  sloping  it  into  the  valleys  of 
Rock  Creek  and  the  Medicine  Bow  River.  This  change 
in  the  plans  added  20  miles  to  the  original  line  and  sta- 
tions were  constructed  at  Rock  Creek,  Medicine  Bow 
and  Carbon.'" 

By  June  18,  there  were  1,000  persons  at  the  North 
Platte  River  Crossing.  The  town  there,  known  as 
Brownsville,  was  constructed  of  log  houses  with  canvas 
roofs.  The  buildings  were  constructed  so  they  could  be 
removed  in  case  the  Union  Pacific  laid  out  a  town  site. 
Fort  Steele  was  established  on  the  south  side  of  the  Platte 
and  no  new  towns  were  to  be  established  within  three 
miles  of  the  military  reservation.  The  fort  was  useful  not 
only  as  a  protection  against  the  Indians,  but  also  to  keep 
a  check  on  the  people  who  followed  the  construction 
from  place  to  place. '^ 

In  the  early  days  of  July,  General  Dodge  issued  an 
order  for  the  citizens  of  Brownsville  to  move  to  the  new 


railroad  town  located  three  miles  from  the  North  Platte 
on  the  edge  of  Dry  Desert.  Not  only  did  all  of  the  in- 
habitants move  to  this  new  location,  but  they  were 
joined  by  an  influx  of  the  rough  element  from  Laramie. 
A  freight  train  crossed  the  new  Platte  River  bridge  "and 
the  big  tent  with  all  of  the  gambling  equipment  arrived 
in  the  new  town  of  Benton."^" 

Descriptions  of  Brownsville  and  Benton  are  found  in 
a  letter  written  to  Dr.  Grace  Raymond  Hebard  from 
Meta  Brown  of  Rawlins  on  February  22,  1919.  Miss 
Brown  wrote  of  an  interview  with  Mrs.  Lawrence  Hayes 
of  Rawlins: 

I  had  a  very  interesting  conversation  with  her  (Mrs. 
Hayes)  concerning  Benton.  She  moved  from  Cheyenne  to 
Brownsville  early  in  June  of  '68.  When  the  reservation  of 
the  Fort  was  made,  they  were  forced  to  move  on  to  Benton. 
She  says  that  Brownsville  was  very  different  from  Benton  in 
appearance  since  the  people  lived  in  rustic  log  houses  along 
the  river.  Trees  were  in  abundance  and  it  was  quite  a  pretty 
place.  On  the  other  hand,  the  houses  in  Benton  were  not 
log  but  were  either  shacks  made  of  boards  or  tents  or  a 
combination  of  both.^' 

Another  account  of  life  in  Benton  comes  from  an  ar- 
ticle in  the  Rawlins  Republican  by  Mrs.  Margaret 
Wallace.  Mrs.  Wallace  relates  that  during  the  winter  of 
1867,  her  father  Larry  Hayes  constructed  a  building  in 
sections  which  could  be  used  as  a  restaurant.  He  loaded 
the  building  on  a  freight  wagon  in  Cheyenne  and 
journeyed  west  to  secure  a  location  for  business.  When 
they  arrived  in  Brownsville  on  June  19,  1865,  there- was 
about  four  inches  of  snow  on  the  ground.  They  crossed 


^*^****"'*^. 


Brownsville,    Wyonung,   IHhH.    "People  lived  m  rustic  log  houses  along  the  river.   Trees  were  in  abundance  and  it  was 
quite  a  pretty  place.  " 


the  North  Platte  and  in  a  few  days  were  putting  up  a 
restaurant  in  Benton.  Benton  was  supposed  to  be  where 
the  division  point  would  be  located  because  it  was  close 
to  the  needed  water  of  the  Platte  River. ^^ 

The  new  town  was  located  near  the  desert  on  a  bare 
alkali  plain.  It  took  one  half  of  a  glass  of  the  alkali  water 
to  furnish  a  physic  of  the  strongest  character.  Water  was 
hauled  from  the  river,  a  journey  of  ten  miles.  The  price 
for  a  barrel  of  water  at  one  time  went  as  high  as  ten 
dollars.  A  bath  takes  considerable  water,  but  money 
could  be  saved  if  one  gentleman  doubled  up  with 
another." 

Editor  Alfred  J.  Mokler  of  the  Wyoming  Pioneer 
gave  the  following  description  of  Benton: 

Benton,  is  not  but  a  name  — all  but  faded  from 
memory.  In  1868  it  was  the  temporary  terminal  of  the 
Union  Pacific  Railroad;  it  earned  wide  notoriety  as  the 
most  incandescent  of  red  hot  towns  in  the  West;  a  cemetery 
was  started  there  the  same  day  that  the  town  was  estab- 
lished and  before  the  next  terminus  west  was  set  up,  more 
than  100  graves  disgraced  the  plot  that  was  set  aside  in 
which  the  dead  were  buried.  Benton  was  three  miles  from 
the  Platte  River  and  water  was  hauled  in  to  supply  the 
population;  the  price  for  a  bucketful  was  ten  cents,  but 
since  'forty  rod'  whiskey  could  be  had  for  twenty  five  cents  a 
glass,  water  was  tabooed  except  for  cooking  and  cleaning 
purposes,  and  to  quench  the  thirst  of  a  few  decent  men  and 
women  who  were  compelled  to  make  their  homes  there. 

Benton  lay  in  the  heart  of  barrenness,  alkali,  and 
desolation  on  the  face  of  a  windy  desert,  alive  with  dust- 
devils,  sweeping  along  yellow  and  funnel-shaped  says  Zane 
Grey  in  his  'U.P.  Trail.'  It  is  a  huge,  blocked-out  town  and 
set  where  no  town  could  ever  live.  It  was  150  miles  from 
Cheyenne.  Benton  was  a  prey  for  the  sun,  wind,  drought 
and  the  wind  was  terribly  hot  in  summer  and  insupportably 
cold  in  winter.  No  sagebrush,  no  greasewood,  no  trees,  not 
even  a  cactus  plant,  nothing  green  or  living  to  relieve  the 
eye  which  swept  across  the  gray  and  barren  white  plains, 
through  the  dust,  to  the  distant  hills  or  drab  .  .  .  The  hell 
that  was  reported  to  be  in  Benton  was  in  harmony  with  its 
setting.  The  population  which  made  up  the  hell  hole  was 
composed  of  Mexicans,  Blacks,  loafers,  tradesmen, 
laborers,  gamblers  and  a  heterogeneous  mass  of  humanity 
of  stragglers,  and  desperadoes,  most  of  who  live  off  the 
workmen  and  builders  of  the  railroad.  No  more  than  one- 
tenth  of  the  people  living  there  could  be  termed  as  respect- 
able human  beings.^'' 

Horse  stealing  appeared  to  be  an  important  vocation 
in  the  Platte  River  area.  Thirteen  men  charged  with  this 
crime  were  lodged  in  the  guard  house  at  Fort  Steele. 
One  of  these  men  identified  as  "Buffalo  Bill"  (not  the 
famous  William  F.  Cody)  was  chased  across  the  Platte 
River  and  succeeded  in  escaping.  ^^ 

In  the  early  days  of  the  town's  existence,  labor  prob- 
lems were  common.  A  man  named  Wilson  was  hanged 
when  he  demanded  his  wages  from  a  grading  contrac- 
tor. The  graders  employed  between  Benton  and  the  end 
of  the  track  then  went  on  strike,  demanding  an  increase 
in  wages  from  two  to  three  dollars  a  day  and  free  board. 
The  men  also  demanded  all  of  their  back  pay  before 


leaving  Benton  so  that  they  would  have  money  to  spend 
in  the  new  town  of  Green  River. ^* 

By  July  20  a  wooden  bridge  had  been  constructed 
across  the  Platte  and  trains  were  running  to  Benton. 
The  tracklayers  were  building  toward  Green  River  and 
planned  to  reach  Salt  Lake  City  by  next  spring.  With 
the  opening  of  the  track  into  the  town  more  people 
moved  in.  Activities  reached  such  a  high  pitch  that  it 
was  necessary  to  have  a  guard  of  12  soldiers  to  patrol  the 
town." 

The  following  letter  written  by  General  Jack  Case- 
ment to  his  wife  in  Ohio  gives  some  idea  of  the  condi- 
tions in  Benton: 

Benton,  August  1,  1868 
My  Dear  Wife: 

I  arrived  at  this  place  yesterday  morning  and  went  to 
the  end  of  the  track  thirty  miles  beyond  here.  So  I  have  not 
had  the  opportunity  to  write  before.  Things  are  all  working 
well  here.  Dan  has  gone  to  Cheyenne  to  spend  the  Sabbath 
with  Mollie.  She  telegraphed  that  the  baby  was  sick  again. 
This  is  an  awful  place.  Alkali  dust  knee  deep  and  certainly 
the  meanest  place  I  have  ever  been  in.  I  am  so  thankful 
that  my  darlings  are  where  they  are.  Dan  thought  of  mov- 
ing here,  but  dare  not  do  it  and  has  concluded  to  move  to 
our  club  house,  or  send  Mollie  home  whenever  she  may 
desire.  Dan  or  myself  will  have  to  go  nearly  to  Salt  Lake  to 
attend  to  our  graders.  Tell  father  if  he  wants  any  money  to 
check  on  Wilcox  in  my  name  and  get  what  he  wants. 
Signed, 
Jack^« 

Of  all  the  "Hell  on  Wheels"  towns,  Benton,  during 
its  existence,  had  the  reputation  of  being  one  of  the 
worst.  Soldiers  from  Fort  Steele  tried  to  preserve  some 
degree  of  law  and  order  and  to  lower  the  homicide  rate. 
The  military  authorities  placed  a  $25  fine  on  all  persons 
caught  carrying  firearms  in  the  town.  The  "respectable" 
people  complained  that  this  law  made  them  easy  prey 
for  the  brigands  that  operated  at  night. ^^ 

A  brief  riot  occurred  when  Jack  Harris  was  arrested 
by  a  soldier  for  cutting  a  dance  hall  tent  with  the  inten- 
tion of  robbing  the  cash  box.  His  friends  attempted  to 
rescue  him  from  the  military,  but  the  soldier  fired  wildly 
over  their  heads  and  were  able  to  convey  Harris  to  the 
guard  house  without  inflicting  any  casualties  on  his 
friends.^" 

J.  H.  Beadle,  a  famous  novelist  of  the  Western 
scene,  arrived  that  August  in  Benton.  The  streets  were 
eight  inches  deep  with  alkali  dust,  and  in  his  dark 
clothes,  he  resembled  a  cockroach  scrambling  out  of  a 
flour  barrel." 

Beadle  was  running  low  on  funds  and  he  decided  to 
remain  in  the  town  for  two  weeks.  Here  is  how  he 
described  Benton; 

The  Toy™  lacked  ordinary  comforts,  and  there  was 

not  a  green  tree,  shrub  or  patch  of  grass.  The  red  hills  were 

scorched  as  bare  as  if  blasted  by  lightning.'^ 

A  classic  Beadle  description  is  of  the  "Big  Tent": 


1**,. 


~Ct^-.'^^~^-ii^ 


.  .JJ^'- 


.'  a^^i " 


J  ». 


•*  *'*■■  >. 


Benton,  Wyoming,  1868.  "By  day  disgusting,  by  night  dangerous,  almost  everybody  dirty,  many  filthy  and  with  the 
marks  of  lowest  wee  ..." 


The  'Big  Tent'  had  served  as  a  gambhng  and  drinking 
center  in  the  town  of  Julesberg,  Cheyenne  and  Laramie 
before  being  erected  in  Benton.  This  structure  was  a  nice 
frame,  a  hundred  feet  long  and  forty  feet  wide,  covered 
with  canvas,  conveniently  floored  for  dancing.  As  we  enter, 
we  note  that  the  right  side  is  lined  with  a  splendid  bar  sup- 
plied with  every  variety  of  liquors  and  cigars,  with  cut  glass 
goblets,  ice  pitchers,  splendid  mirrors,  and  pictured  wall- 
ing of  our  eastern  cities.  At  the  back  end  a  space  large 
enough  for  one  cotillion  is  left  open  for  dancing,  on  a  raised 
platform,  a  full  band  is  in  attendance  day  and  night,  while 
the  rest  of  the  room  is  filled  with  tables  devoted  to  monte. 
faro,  rondo  carlo,  fortune  wheels  and  every  other  species  of 
gambling  known.  I  acknowledge  a  morbid  curiosity  relat- 
ing to  everything  villainous,  though  1  never  ventured  a  cent 
but  once  in  my  life.  I  am  never  weary  of  watching  a  game, 
and  the  various  fortunes  of  those  'who  buck  against  the 
tiger.' 

During  the  day  the  Big  Tent'  is  rather  quiet,  but  at 
night  after  a  few  inspiring  tunes  at  the  door  by  the  band, 
the  long  hall  is  soon  crowded  with  a  motley  throng  of  three 
or  four  hundred  miners,  ranchers,  clerks  and  cappers.  The 
brass  instruments  are  laid  aside,  the  string  music  begins, 
the  cotillions  succeed  each  other  rapidly  each  ending  with  a 
drink  while  those  not  so  employed  crowd  around  the  tables 
and  each  enjoy  his  favorite  game.  Tonight  is  one  of  unusual 
interest,  and  the  tent  is  full,  while  from  every  table  is  heard 
a  musical  rattle  of  dice,  the  hum  of  the  wheel,  or  the  elo- 
quent voice  of  the  dealer.  Fair  women,  clothed  with  rich- 
ness and  taste,  in  white  airy  garments  mingle  with  the 
throng,  watch  the  game  with  deep  interest,  or  laugh  and 
chat  with  the  players.^' 

Other  businesses  in  the  town  were  housed  in  port- 
able buildings.  These  buildings  of  painted  pine  were 
shipped  from  Chicago  at  $300  delivered.  The  buildings 
could  be  erected  in  a  day  by  two  boys  with  screwdrivers. 
In  dusty  Benton  in  August  of  1868,  life  was  the 
cheapest  commodity.  Two  men  became  engaged  in  a 
violent  dispute  over  a  debt.  While  the  dispute  was  in 


progress,  a  man  named  Maxwell,  unaware  of  danger, 
was  walking  down  the  opposite  side  of  the  street.  One  of 
the  men,  Kelley,  drew  a  Spencer  rifle,  and  with 
deliberate  aim,  fired  and  brought  Maxwell  to  the 
ground.  In  spite  of  Maxwell's  pleas  for  his  life,  Kelley 
walked  deliberately  up  to  him  and  shot  with  the  contents 
of  another  barrel  of  his  gun.  The  interference  of  the 
military  prevented  Kelley 's  hanging.  In  a  few  days  he 
escaped  from  the  guard  house  at  Fort  Steele  and  headed 
westward.^'' 

Considerable  excitement  also  was  caused  by  the 
shooting  of  a  man  in  a  private  row.  Two  men,  Charles 
Hubbard  and  Tom  McGinty,  both  bad  characters,  were 
having  words  over  the  division  of  their  spoils.  Hubbard 
pulled  out  a  pistol  and  shot  the  other  man  through  the 
stomach.  After  Hubbard  had  been  arrested,  a  crowd 
gathered  and  tried  to  break  into  the  guard  house  and 
obtain  the  prisoner. ^^ 

J.  H.  Beadle,  present  when  the  affair  happened, 
wrote: 

The  regular  routine  of  business,  dances,  drunks  and 
fistfights  met  with  a  sudden  interruption  on  the  8th  of 
August.  Sitting  in  a  tent  door  that  day  I  noticed  an  alterca- 
tion across  the  street,  and  saw  a  man  draw  a  pistol  and  fire, 
and  another  stagger  and  catch  hold  of  a  post  for  support. 
The  first  was  about  to  shoot  again  when  he  was  struck  from 
behind  and  the  pistol  wrenched  from  his  hand.  The 
wounded  man  was  taken  into  a  cyprian's  tent  near  by  and 
treated  with  the  greatest  kindness  by  the  woman,  but  died 
the  next  day.  It  was  universally  admitted  that  there  had 
been  no  provocation  for  the  shooting,  and  the  general  voice 
was,  'Hang  him!'.''' 

To  Judge  W.  R.  Kuykendall,  who  visited  the  town 
for  the  purpose  of  electioneering,  Benton  was  the 
roughest  place  in  America.  The  killings,  shootings,  and 
crooked  gambling  were  all  daily  events.  Dance  halls  with 


the  "painted  cats"  operated  around  the  clock;  crime  ap- 
peared to  afford  a  great  deal  of  pleasure  to  the  in- 
habitants of  the  place.  The  town  of  Benton  was  too  far 
away  for  a  sheriff  to  do  anything  without  bankrupting 
the  county.'' 

Samuel  Bowles,  reporter  from  the  Springfield  Re- 
publican arrived  from  Illinois  to  visit  Benton.  Bowles 
gave  the  following  report: 

When  we  were  on  the  Une,  this  congregation  of  scum 
and  wickedness  was  within  a  desert  section  called  Benton: 
One  or  two  thousand  men  and  a  few  women  were  en- 
camped on  the  alkali  plains  in  tents  and  board  shanties,  not 
a  tree,  not  a  shrub,  not  a  blade  of  grass  was  visable,  the 
dust  ankle  deep  as  we  walked  through  it,  and  so  fine  and 
volatile  that  the  slightest  breeze  loaded  the  air  with  it,  ir- 
ritating every  sense  and  poisoning  half  of  them,  a  village  of 
a  few  variety  stores  and  shops,  by  day  disgusting,  by  night 
dangerous,  almost  everybody  dirty,  many  filthy  and  with 
the  marks  of  lowest  vice,  averaging  a  murder  a  day,  gam- 
bling and  drinking,  hurdy  dancing  and  the  vilest  of  sexual 
commerce.  The  chief  business  and  pastime  of  the  hours, 
this  was  Benton.  Like  its  predecessors,  it  fairly  festered  in 
corruption,  disorder,  and  death,  and  would  have  rotted  in 
this  dry  air.  had  it  outlasted  a  brief  sixty-day  life.'* 
The   alkali   dust,    or  it  might   be   called   powder, 
became  so  disagreeable  that  it  caused  a  number  of  Ben- 
ton citizens  to  move  on  to  Green  River.  The  alkali  was  as 
fine  as  flour,  and  due  to  the  wind,  its  malignant  effects 
were  apparent.  Many  people,  according  to  reports,  were 
bleeding  at  the  lungs  from  inhaling  the  alkali.  It  was 
suggested  that  with  enough  water  the  community  of 
Benton  could  have  been  made  to  resemble  one  immense 
foaming  powder.'® 

On  August  13,  1868,  the  Cheyenne  Daily  Leader 
published  this  letter  written  by  editor  N.  A.  Baker  dur- 
ing a  visit  to  Benton: 

It  is  said  that  no  thing  on  earth  was  made  without  a 
use  but  it  is  our  most  decided  opinion  that  the  wastes  of 
Western  Wyoming  for  the  most  part ,  are  most  unfit  for  the 
use  of  either  white  men  or  digger  Indians.  Either  could 
starve  if  compelled  to  gather  his  substance  from  the  soil  or 
the  chase.  Indians  and  wild  beast  avoid  it  and  the  restless 
and  adventurous  white  abhor  it  and  abide  in  it  only  long 
enough  to  build  a  railroad  through  it  and  then  resign  it  to 
the  everlasting  and  lonely  solitude,  to  be  broken  only  by  the 
impatient  shrieks  of  the  iron  horse. 

The  town  of  Benton,  like  the  camps  of  the  Bedouin 
Arabs,  is  of  tents,  and  almost  a  transitory  nature  as  the 
elements  of  a  soap  bubble.  The  ever  restless  spirit  that 
animates  western  communities  is  in  full  vigor  here,  and 
each  sojourner  in  the  place  seems  fearful  that  somebody 
will  get  ahead  of  him  in  the  race  to  the  next  town.  Many 
have  already  left  here  for  Green  River,  Ham's  Fork  and 
some  other  points  where  some  trade  may  be  engaged  for  a 
brief  space,  and  where  a  few,  very  few,  will  make  a  little 
money.  The  railroad  company  has  sold  seventeen  thousand 
dollars  worth  of  lots  here,  in  the  few  weeks  that  the  town 
has  been  laid,  and  in  this  sentence  may  be  seen  the  secret  of 
where  the  main  portion  of  the  money  goes.''" 
One  of  the  best  descriptions  of  the  types  of  humanity 
that  inhabited  Benton  is  by  Charles  Giffin  Coutant: 


The  camp  followers  on  arriving  at  the  Platte  selected  a 
townsite  about  half  a  mile  up  the  river,  which  they  called 
Brownsville,  and  in  an  incredibly  short  time  opened  stores, 
eating  houses,   saloons,    boarding  houses,   gambling  and 
sporting  places.  Within  forty-eight  hours  everything  was  in 
full  blast,  with  a  population  numbering  five  hundred  or 
more.  It  was  a  typical  city  of  the  wild  west  and  was  what 
was  known  as  an  'all-night  town.'  Brownsville  was  short- 
lived, being  supplanted  by  Benton,  a  railroad  town  three 
miles  farther  west.   Benton,  like  Brownsville,  had  for  its 
population  a  large  number  of  disreputable  characters  and 
at  once  took  high  rank  as  a  saloon,  gambling  and  sporting 
town.  In  two  or  three  days  it  had  from  1,000  to  1,500  in- 
habitants, and  there  being  no  such  thing  as  law  and  order 
the  rough  element  ran  things  to  suit  themselves.  Murder 
was  an  everyday  occurrence  and  peaceably  disposed  people 
soon  learned  that  protesting  against  violence  was  something 
that  would  not  be  tolerated  by  those  in  control  of  affairs. 
Benton  in  its  day  was  certainly  the  one  bad  town  along  the 
line  of  the  Union  Pacific.  In  other  places  the  better  element 
attempted  to  make  life  and  property  secure  and  after  a 
time  succeeded,  but  in  Benton  no  such  effort  was  put  forth 
and  the  result  was  that  crime  was  popular  and  good  con- 
duct undesirable  with  the  rough  element,  and  this  con- 
tinued as  long  as  the  town  lasted.  Prize  fighting  and  all  that 
goes  with  it  was  patronized,   and  the  place  became  the 
rendezvous  of  outlaws  of  every  description.  It  was  a  city  of 
portable  houses  and  tents  stretched  over  wood  frames.'" 
To   be    at   the   right   point   for   fleecing   the   track 
workers  again,  the  inhabitants  of  Benton  shipped  their 
tents  and  portable  stores  to  Green  River  City.  While 
everybody  in  Benton  was  busy  packing  up  for  Green 
River   City,    there   was   an   election   of  city  officers  in 
August  and  A.  B.  Miller  was  elected  mayor  of  an  almost 
deserted  town.^^ 

In  October  there  were  enough  residents  left  in  Ben- 
ton to  carry  on  another  election.  A  man  named  Bell, 
who  was  employed  by  the  railway  company,  tried  to  vote 
in  the  election.  Tom  McGraw  challenged  his  right  to 
vote.  Bell,  acting  in  self  defense,  shot  McGraw  in  the 
head."' 

J.  H.  Beadle  revisited  the  site  of  Benton  ten  months 
after  his  first  visit.  On  his  second  visit  there  was  not  a 
house  or  a  tent  to  be  seen,  only  a  few  chimneys  and  rock 
piles.  The  white  dust  covered  even  the  desolate  ceme- 
tery. "Only  a  memory  remains,"  he  wrote."'' 

(Two  miles  east  of  Benton  the  town  of  Parco  came 
into  existence  due  to  the  establishment  of  an  oil  refinery 
in  the  area.  The  refinery  was  organized  to  utilize  the  oil 
from  the  Salt  Creek  field.  In  1934,  the  Parco  Company 
went  bankrupt  and  the  town  was  bought  by  the  Sinclair 
Oil  Company  and  the  name  of  the  town  was  changed  to 
Sinclair.) 

The  grading  crew  moved  out  across  the  red  desert 
from  the  main  construction  camp  in  Rawlins.  The 
tracklayers  in  August  were  averaging  four  miles  per  day 
and  by  the  month  of  October  the  railway  line  had 
reached  Green  River. ""^ 

Some  of  the  men  from  a  grading  camp  went  on 
strike  and  in  a  sullen  mood  with  plenty  of  whiskey,  they 


Bear  R/ivr  City,  Wyoming,  1868.  "From  200  tu  300  merciU. 
of  manilla  and  bristling  with  pistols  ..." 
encamped  on  McDermott's  Island  near  the  town.  The 
drinkers  raised  hell  all  evening  and  threatened  to  take 
over  Green  River.  The  townspeople  organized  a  well 
armed  force  and  locked  themselves  in  their  houses  until 
the  excitement  died  down.  The  authorities  threatened 
to  place  the  town  under  martial  law."^ 

The  townspeople  also  became  involved  with  the 
Union  Pacific  officials  in  regard  to  the  illegal  possession 
of  a  lot  that  belonged  to  the  railroad  company.  The  land 
agents  threatened  to  use  the  military  to  seize  the  town 
lots.^' 

During  the  latter  part  of  September,  1868,  as  the 
construction  crews  pushed  toward  Utah  Territory,  the 
town  of  Bear  River  was  constructed.  The  town  was  on 
the  Old  Overland  Stage  Road,  north  of  Quaking  Moun- 
tain. The  population  numbered  about  2,000  persons, 
and  the  town  contained  about  140  buildings  of  varied 
sizes  and  shapes.  A  short  distance  from  the  center  of 
town  a  coal  mine  was  established  by  Throp,  Head  and 
Steele.  The  price  of  coal  was  seven  dollars  a  ton,  and 
when  the  first  engine  arrived  on  December  3,  1868,  a 
supply  of  fuel  was  available.  The  merchants  carried 
large  stocks  of  goods  in  hopes  that  the  town  would 
become  the  winter  quarters  for  the  railroad."* 

In  November  1868,  when  the  graders  reached  Bear 
River,  McGee  and  Cheeseborough  had  the  grading  con- 
tract for  this  stretch  of  road,  and  employed  between  400 
to  500  men,  most  of  them  raw  Irish  immigrants.  A 
Frenchman  named  Alex  Topence  had  the  contract  for 
furnishing  beef,  and  he  put  up  a  slaughter  house  and 
shack  south  of  the  tracks,  while  the  so-called  town  was 
north.  The  town  consisted  of  some  roughly  constructed 


,s  jifuds  u-u'lding  pick  handles  .  .  .filled  with  four  fat  horns 

rooming  and  boarding  houses  and  a  row  of  business 
buildings  comprising  the  California  Clothing  Store, 
Nuckles  General  Merchandise,  a  Jewish  shoe  store,  and 
a  number  of  saloons  and  gambling  houses.  On  the  same 
side  of  the  track  with  Topence,  the  butcher,  was  the  of- 
fice of  the  Frontier  Index.  "^ 

The  roughs  and  gangsters  that  had  been  chased 
from  Benton  and  the  other  towns  east  of  Bear  River 
eventually  arrived  there,  and  as  more  of  these  men  ar- 
rived a  jail  was  constructed  to  help  maintain  order.  An 
election  was  conducted  in  the  town,  and  the  following 
officials  were  elected:  J.  B.  Cooper,  mayor;  W.  R.  Arm- 
strong, marshal;  J.  H.  Wilbur,  clerk;  J.  H.  Young,  W. 
H.  Bowers,  W.  N.  Osborne,  and  C.  H.  Caswell,  coun- 
cilmen.'^° 

The  Frontier  Index,  a  weekly  newspaper,  secured 
quarters  in  a  small  frame  building  near  the  proposed 
line  of  the  railroad.  Editor  Legh  R.  Freeman  started  a 
campaign  to  rid  the  town  of  criminals: 

The  baiid  of  garroters,  who  were  recently  driven  away 
from  some  of  our  lower  railroad  towns  are  at  last  con- 
gregating in  our  midst  and  had  better  go  slow  or  they  will 
find  the  place  too  hot  for  this  location. '' 
The  outlaw  population  of  Bear  River  in  November 
had  reached  such  proportions  that  the  Frontier  Index 
published  along  with  its  news  items,  another  warning  to 
all  of  the  criminals  in  the  place: 

There  is  not  a  place  west  of  here  that  can  be  made  to  a 
point  for  anything  until  we  build  on  the  shores  of  Salt  Lake 
next  spring.  We  will  ship  frame  houses  and  everything  by 
rail  then,  and  lumber  is  worth  more  there  than  here,  we 
will  make  our  winter's  rent  dear.  Most  of  the  cutthroat 
gang  ordered  to  leave  here  vanished  through  there.  There 


10 


are  several  here  yet  who  have  the  mark  of  the  beast  on  their 

forehead,    and   had   better  make  the   cap   fit   themselves 

before  Saturday  at  midnight,  or  climb  a  telegraph  pole. 

This  means  business. 

Vigilance  Committee'^ 

As  in  some  of  the  other  towns  in  Wyoming,  a  vigi- 
lance committee  became  the  instrument  for  establishing 
order.  With  the  necessity  for  faster  construction  on  the 
line,  graders  in  large  numbers  flocked  into  Bear  River  to 
drink  and  carouse  in  its  numerous  saloons  and  dance 
halls. 

By  the  middle  of  November  the  track  was  within 
nine  miles  of  Bear  River.  A  trestle  600  feet  long  was  con- 
structed across  the  stream.  General  Jack  Casement  and 
his  Irishmen  were  slowed  down  by  the  lack  of  ties,  which 
were  floated  down  the  Green  River.  It  was  difficult  at 
this  time  to  move  the  ties  because  the  stream  was  very 
low  and  contained  considerable  ice.  When  the  ties  were 
secured,  the  tracklayers  mingled  with  the  graders  in  the 
rush  to  extend  the  line  westward  across  Utah.^^ 

On  November  II,  1868,  "Lynch  Law"  made  an  ap- 
pearance in  Bear  River,  supported  by  the  railroad  of- 
ficials and  a  segment  of  businessmen.  Jack  O'Neil,  Jim- 
my Powers  and  Jimmy  Reed,  three  notorious  robbers, 
were  hanged  on  a  beam  extending  from  an  unfinished 
building  in  front  of  the  jail  on  Sulphur  Street.  The  vic- 
tims were  all  young,  aged  21,  22  and  23  years.  O'Neil 
was  formerly  from  Canada,  but  more  recently  from  St. 
Joseph,  Missouri.  Jimmy  Reed  was  originally  from  Utica, 
New  York,  and  he  had  been  chased  from  Laramie  by 
the  vigilantes  there. ^'' 


The  three  men  were  confined  in  the  jail  and  from 
there  were  taken  by  what  the  coroners  jury  termed 
"unknown  parties"  and  hanged  in  the  freezing  air.  They 
were  cut  down  the  next  morning  about  seven  o'clock  and 
in  the  afternoon  a  wagon  conveyed  their  bodies  to  graves 
dug  in  the  frozen  earth.  At  their  funerals  a  great  many 
of  the  outlaw  element  expressed  their  sympathy  and  a 
desire  to  take  action  against  the  men  responsible  for  the 
hangings.  ^^ 

Even  after  the  action  of  the  vigilantes,  violence  con- 
tinued in  the  town  of  Bear  River.  On  Uintah  Street  a 
house  popular  with  the  graders  was  the  scene  of  another 
crime.  The  desperado  entered  Ella  Folsom's  place  and 
after  a  little  blarney,  threw  his  arms  around  her  in  an  at- 
tempt to  strangle  her.  Her  struggles  and  the  noise  pro- 
duced by  the  action  caused  the  villain  to  let  go  and  leave 
the  premises. ^^ 

Men  were  also  victimized  such  as  noted  in  a  news- 
paper article: 

John  A.  Hoffman  was  garroted  near  the  railroad  cross- 
ing off  Utah  Street,  and  seventy -five  dollars  were  removed 
from  his  pocket.  One  ruffian  choked  him  while  another 
rifled  his  pockets.  According  to  John,  the  robbers  did  not 
get  all  his  money,  and  if  a  policeman  had  not  taken  his 
revolver  early  in  the  evening,  they  would  not  have  gotten 
away  without  a  battle.^' 

Bear  River  became  an  armed  camp,  with  both  the 
offensive  and  inoffensive  carrying  guns.  The  construc- 
tion officials  of  the  railroad  carried  their  Winchesters 
while  visiting  the  town.  The  tension  of  the  struggle  be- 
tween law  and  order  on  one  side  and  crime,  vice  and  dis- 


Fort  Bridger,   Wyoming,  1868.   "The  forces  from  Fort  Bridger  are  hourly  expected." 


order  on  the  other  exploded  into  violence  on  November 
19: 

The  mob  at  this  city  has  begun  by  burning  the  jail  in 
which  a  number  of  prisoners  were  confined,  upon  which 
the  citizens  armed  themselves,  while  the  mob  numbering 
two  hundred  were  standing  whooping  over  the  burning  of 
the  jail,  the  citizens  fired  into  them,  killing  twenty-five,  and 
wounding  fifty  or  sixty:  the  exact  number  is  not  yet  ascer- 
tained. Frontier  Index  office  was  also  burned  to  the  ground 
and  the  editor  is  missing.  It  is  not  known  whether  he 
escaped  or  has  been  killed.  The  riot  began  about  the  hang- 
ing on  November  11.*' 

It  is  feared  that  the  city  will  be  burned,  women  and 
children  fleeing  for  their  safety.  The  citizens  have  sent  to 
the  railroad  grading  camps  for  reinforcements.  The  utmost 
terror  and  confusion  prevail,  and  it  is  impossible  to 
distinguish  friends  from  enemies.  It  is  now  feared  that  the 
mob  may  burn  all  of  the  houses  and  other  property  in  the 
place.  *^ 

Bear  River  was  placed  under  martial  law  by  the 
authorities  at  Fort  Bridger  and  business  proceeded  as 
usual  the  next  day.  Armed  guards  were  placed  on  the 
outskirts  of  town  and  others  patrolled  the  streets. 
Rumors  were  circulated  that  a  huge  army  of  construc- 
tion workers  were  on  the  way  to  furnish  relief  to  the 
citizens  of  the  battered  town.  The  mob  scattered  to  the 
mountains  where  they  conducted  a  meeting  to  formu- 
late a  new  plan  of  attack.  In  the  first  day's  fighting, 
vigilantes  Tom  Smith  and  John  Dailey  were  seriously 
wounded  and  not  expected  to  live.  A  later  report  stated 
that  20  of  the  mob  were  dead,  and  35  wounded.  One 
citizen  named  Armstrong  also  was  killed  in  the 
fighting.*"' 

Stuart  Henry  described  the  Bear  River  battle: 
Tom  Smith  served  at  one  time  on  the  police  force  of 
New  York.  I  have  shadowy  details  of  his  wanderings  over 
Utah  and  Nevada.  Thence  he  returned  to  Iowa  with  wagon 
trains,  hauling  railroad  material  westward.  Next  he  ap- 
pears on  the  frontier  of  Nebraska,  employed  in  various 
capacities,  following  the  Union  Pacific  construction.  What 
a  world  of  experience  such  rugged  schooling  brought  him! 
Finally,  and  authentically,  he  was  engaged  with  a  large 
contracting  firm  whose  headquarters  in  1868  were  at  Bear 
River,  Wyoming,  where  many  hundred  employees  were 
congregated.  The  businessmen  there  had  organized  a 
'town'  government,  so  called,  adopted  laws  of  their  own 
and  appointed  a  marshal!.  Naturally,  many  outlaws  and 
desperate  characters  collected  and  crime  and  lawlessness 
abounded. 

A  young  man  from  Smith's  camp,  his  friend,  merely 
disorderly  under  the  influence  of  liquor,  was  placed  in  jail 
where  there  were  three  others  who  just  before  garroted  and 
robbed  a  couple  of  men  in  open  day.  The  exasperated  cit- 
izens incited  by  a  fugitive  newspaper,  housed  in  a  tent  on 
the  outskirts  of  the  town,  organized  a  vigilance  committee, 
made  wholesale  arrests  and  locked  the  prisoners  in  jail. 
Smith's  camp  companions  invaded  the  town,  destroyed  the 
newspaper  plant  and,  after  releasing  the  prisoners,  pro- 
ceeded to  burn  the  jail,  when  Smith  himself  came  on  the 
scene. 

The  vigilance  committee  had,  in  the  meantime, 
armed  and  gathered  in  a  log  storeroom,  about  fifty  yards 
away.  Smith,  roused  to  fury,  ran  to  the  very  front  of  the 

12 


store,  and  emptied  both  his  revolvers  into  the  barricaded 
vigilantes,  but  fortunately  killed  no  one,  although  he 
received  several  shots  from  the  vigilantes.  Despite  several 
fearful  wounds,  he  cooly  marched  off  to  a  friend's  house,  a 
block  or  so  away,  where  for  a  time  his  life  hung  in  the 
balance.  Troops  from  Fort  Bridger  were  summoned,  and 
the  town  itself  was  soon  abandoned,  as  the  road  moved  on. 

That  Smith's  motives  and  conduct  in  the  premises 
were  generally  justified  is  evidenced  by  the  fact  that  quickly 
upon  his  recovery  he  was  chosen  marshall  of  the  next  town, 
and  so  on  continuously  as  towns  were  successfully  located 
and  abandoned,  as  the  Union  Pacific  progressed,  until  it 
was  completed,  the  following  year." 

One  of  the  best  accounts  of  the  Bear  River  Riot  was 
published  in  the  Cheyenne  Daily  Leader  as  follows: 

The  morning  dawned  as  God's  Golden  Sun  beamed 
forth  upon  this  wild  splendor.  Peace  sat  on  the  livelihood  of 
every  domicit  and  happiness  reigned  supreme  over  the  city. 
As  I  write  shouts  of  lawless  murderers  convened  from  ad- 
junct camps  along  the  lines  of  the  Union  Pacific  for  the 
purpose  of  retaliating  for  injuries  suffered  by  the  operation 
of  the  shovel  —  by  the  execution  of  two  or  three  notables 
recently  at  this  city.  From  two  to  three  hundred  merciless 
fiends  wielding  pick  handles  and  filled  with  four  fathoms  of 
manilla  and  bristling  with  pistols.  Proceeding  to  the  jail 
they  immediately  released  the  luckless  boarders  gathered  in 
from  time  to  time  during  the  previous  night.  The  mob  then 
got  out  into  Uintah  Street,  the  Broadway'  with  us  and 
patrolled  the  major  portions  thereof  with  random  shooting 
and  loud  threats  against  the  police,  vigilante  committee 
and  the  Frontier  Index  — the  local  dismanate  — of  wisdom 
—  the  editor  and  proprietor  of  which  to  have  been  an  abet- 
tor of  an  investment  in  the  maintenance  of  the  vigilantes 
committee.  Mr.  Freeman  seems  to  have  been  absent  from 
his  office  at  the  time  the  mob  with  flaming  torches  rushed 
against  the  sole  progressive  institution  of  which  we  can 
boast.  The  clans  entered  and  applied  the  torch  which 
created  serpent  like  flames  enveloping  the  building  and 
sealing  the  fate  of  'The  Press  on  Wheels'  in  Wyoming. 

The  forms  were  made  up  for  the  Frontier  Index  to  go 
to  press  — this  being  the  day  of  publication  for  the  journal. 
The  workers  inside  the  building  were  restrained  from 
recovering  their  apparel  from  the  ill-fated  office.  After  the 
burning  of  the  Frontier  Index  the  mob  returned  to  the  cen- 
tral portion  of  the  town  for  lunch. 

Lunch  over  -  a  rung  was  made  for  the  'Limbo  the 
front  portion  of  the  building  being  used  for  a  court  house 
and  the  quarters  of  the  police  force,  and  the  torches  were 
applied  to  its  unpretending  walls.  Retreating  from  the 
scorching  conflagation,  a  rally  of  musketry  was  discharged 
into  the  store  of  S .  F.  Nicholls,  the  rendezvous  of  the  police, 
regular  as  well  as  the  deputies,  fatally  wounding  one  of  the 
deputies,  whereupon  the  police  fired  upon  the  aggressors, 
fatally  wounding  eight  of  the  miscreants,  a  panic  seized  the 
populus  and  there  was  a  scene  of  scrambling  over  the  sage- 
brush, rock  piles.  Ladies  fair  and  families  with  children  in 
their  arms  fell  in  and  made  incredible  lines  to  the  bluffs. 
Stores,  restaurants,  gin  mills,  dance  houses  and  every  other 
place  of  business  was  closed. 

The  display  of  musketry  was  at  its  height  and  kept  up 
until  three  p.m.,  when  the  renegades  dispersed  and  quiet 
was  restored.  The  police  in  the  town  are  in  the  quest  of 
some  of  the  marauders. 

Eight  o'clock,  no  further  development  as  yet,  the 
forces  from  Fort  Bridger  are  hourly  expected. 


Twilight  —  The  brief  quiet  that  has  prevailed  gave  way 
to  active  movement  of  news  having  reached  the  citizens, 
through  the  officers  of  the  road  that  Carmichael's  gang  and 
other  general  contractors  men  are  congregating  at  the 
various  camps  to  renew  the  attack  tonight.  The  drum  is 
now  beating  through  the  streets,  and  a  general  appeal  is  be- 
ing made  to  the  owners  of  the  property  to  assist  in  measures 
for  the  general  safety  by  coming  forth  for  service. 

Ten  o'clock,  all  is  quiet,  yet  neither  troops  nor  in- 
vaders appear,  and  it  is  likely  that  the  scenes  of  the  day  will 
not  be  re-enacted. 

The  only  attempt  at  personal  malice  were  made 
against  the  editor  of  the  Index  and  one  of  the  police,  who  it 
seems  were  overzealous  in  the  discharge  of  his  duties  when 
the  melee  became  general. 

Had  the  police  called  on  the  citizens  as  soon  as  the 
gang  made  a  move  on  the  jail,  that  building  would  doubt- 
less been  saved  along  with  the  Frontier  Index  offices. '^ 
It  would  appear  from  the  above  that  the  press  was 
destroyed  by  its  support  of  law  and  order  in  the  frontier 
towns  along  the  Union  Pacific  railway.  Legh  Freeman 
with  his  support  of  the  vigilantes  against  the  criminal 
elements  escaped.   The  destruction  of  the   "Press  on 
Wheels"  ended  a  pioneer  journalistic  venture  in  Wyo- 
ming that  had  some  impact  on  frontier  society. 

Evanston,  located  11  miles  west  of  Bear  River  City, 
became  a  division  point  of  the  railroad.  A  20-stall  round 
house  was  erected  to  serve  the  railroad.  The  population 
grew  as  business  became  good.  A  large  amount  of 
freight  was  delivered  there  for  the  Salt  Lake  Valley,  and 
a  sawmill  was  established  to  utilize  the  pine  forest 
located  in  Bear  River. 

In  the  bitter  cold  of  the  winter  of  1868,  the  tracks 
pushed  on  toward  Wasatch,  another  "Hell  on  Wheels" 
town  in  Utah.  The  railroad  through  Wyoming  was  com- 
pleted and  the  towns  that  were  to  grow  into  important 
communities  became  more  law-abiding.  The  temporary 
towns  returned  to  sagebrush  and  alkali. 


1.  Frederick  L.  Paxson,  The  Last  American  Frontier.  (New  York: 
The  MacMillan  Company,  1915).  pp  495-496. 

2.  Cheyenne  Daily  Leader,  November  16,  1867. 

3.  Ibid.,  December  24,  1867. 

4.  "Notes  on  Laramie,"  Grace  R.  Hebard  Collection,  American 
Heritage  Center,  University  of  Wyoming,  Laramie. 

5.  Cheyenne  Daily  Leader,  May  5,  1868. 

6.  Manuscript  of  Edward  Ivinson,  Hebard  Collection. 

7.  Cheyenne  Daily  Leader,  May  11,  1868. 

8.  "Notes  on  Laramie.  " 

9.  Laramie  Boomerang.  March  9,  1913. 

10.  William  Francis  Hooker,  "Hanging  City  Official  In  The  Old 
West."  Union  Pacific  Magazine.  December  1922.  Omaha  (pp. 
18-20). 

11.  Cheyenne  Daily  Leader,  October  21,  1868. 

12.  Papers  of  W.  O.  Owen,  American  Heritage  Center,  University 
of  Wyoming,  Laramie. 

13.  J.  R.  Perkins,  Rails  and  War.  (Indianapolis,  Indiana:  Bobbs 
Merrill  Company,  1929). 

14.  Laramie  Republican  (Daily  Issue),  August  9,  1917. 

15.  Douglas  C.  McMurtie,  "Pioneer  Printing  in  Wyoming."  Annals 
of  Wyoming,  January,  1933. 


16.  John  E.  Lester,  The  Atlantic  to  the  Pacific.  (Boston:  Shepard 
and  Gill.  1873),  p.  27. 

17.  Edwin  L.  Sabin,  Building  the  Union  Pacific.  (Philadelphia:  The 
J.  B.  Lippincott  Company,  1919). 

18.  Cheyenne  Daily  Leader,  June  30,  1868. 

19.  Cheyenne  Daily  Leader,  June  28,  1868. 

20.  Ibid.,  July  7,  1868. 

21.  Letter  written  by  Meta  Brovra  of  Rawlins  to  Dr.  Grace  Hebard, 
February  22,  1919,  Hebard  Collection. 

22.  Rawlins  Republican  Bulletin,  May  2,  1939. 

23.  Cheyenne  Daily  Leader,  July  9,  1868. 

24.  Alfred  Mockler,  "Benton  Was  A  Red  Hot  Town  in  1868," 
Wyoming  Pioneer,  Vol.  I,  No.  5  (July-August,  1941),  pp. 
148-149. 

25.  Cheyenne  Daily  Leader,  July  14,  1868. 

26.  Cheyenne  Daily  Leader,  July  26,  1868. 

27.  Cheyenne  Daily  Leader,  July  21,  1868. 

28.  Letter  written  by  General  Jack  Casement  to  Mrs.  Casement  in 
Ohio.  Casement  collection,  American  Heritage  Center. 

29.  Cheyenne  Daily  Leader,  July  23,  1868. 

30.  Ibid.,  July  23,  1868. 

31.  Ibid.,  August  10,  1868. 

32.  J.  H.  Beadle,  The  Undeveloped  West.  (Cincinnati.  Ohio:  Na- 
tional Publishing  Company,  1873). 

33.  Ibid.,  pp.  91-92. 

34.  Cheyenne  Daily  Leader,  August  23,  1868. 

35.  Ibid.,  August  10,  1868. 

36.  Beadle,  p.  88. 

37.  William  L.  Kuykendall,  Frontier  Days.  (Cheyenne:  J.  M.  andH. 
L.  Kuykendall,  1917).  p.  126. 

38.  Samuel  Bowles,  Our  New  West.  (Hartford,  Conn.;  Hartford 
Publishing  Company,  1869). 

39.  Cheyenne  Daily  Leader,  August  6,  1868. 

40.  Editorial,  Cheyenne  Daily  Leader,  August  14,  1868. 

41.  Charles  Giffin  Coutant,  The  History  of  Wyoming.  (Laramie, 
Wyoming:  Chaplin,  Spafford  and  Methison,  1899). 

42.  Cheyenne  Daily  Leader,  August  24,  1868. 

43.  Ibid.,  October  14,  1868. 

44.  J.  H.  Beadle,  Western  Wilds  And  The  Men  Who  Redeemed 
Them.  (Cincinnati:  James  Brothers  and  Company,  1882). 

45.  Cheyenne  Daily  Leader,  September  15,  1868. 

46.  Ibid.,  July  9,  1868. 

47.  Ibid.,  August  15,  1868. 

48.  Ibid.,  November  15,  1868. 

49.  "Bear  Towti,"  Notes  from  Hebard  Collection. 

50.  Cheyenne  Daily  Leader,  November  14,  1868. 

51.  Cheyenne  Daily  Leader,  excerpted  from  the  Frontier  Index, 
November  7,  1868. 

52.  Cheyenne  Daily  Leader,  excerpted  from  the  Frontier  Index, 
November  14,  1890. 

53.  Cheyenne  Daily  Leader,  November  14,  1868. 

54.  Ibid.,  November  16,  1868. 

55.  Ibid.,  November  18,  U 

56.  Ibid.,  November  17,  1868. 

57.  Ibid.,  November  20,  1868. 

58.  Ibid.,  November  22,  If 

59.  Ibid.,  November  22,  U 

60.  Elizabeth  A.  Stone.  Uintah  County,  Its  Place  in  History.  (Glen- 
dale,  California:  Arthur  Clark  Publishers,  1924). 

61.  Stuart  Henry,  Conquering  Our  Great  American  Plains.  (New 
York:  Dutton,  1950).  p.  159-160. 

62.  Cheyenne  Daily  Leader,  November  27,  1868. 


13 


The  Naval  Oil  Reserve, 
Teapot  Dome 


an 


Continental  Trading 


"**'♦»► 


Company 


By  Paul  H.  Giddens 


14 


"The  Teapot  Dome  scandal  had  its  origin  over  the  leasing  of  naval 
petroleum  reserves  in  California  and  Wyoming  in  1922  and  an  attempt  by  the 
Secretary  of  the  Interior  and  several  private  individuals  to  defraud  the  United 
States  of  its  oil  reserves  for  personal  financial  gain.  In  the  affair  there  were  two 
civil  suits  and  six  criminal  trials.  Three  Cabinet  members  resigned  and 
Secretary  of  the  Interior  Albert  Fall  was  sentenced  to  prison." 


Prior  to  the  Watergate  affair,  our  greatest  and  most 
sensational  national  political  scandal  was  Teapot  Dome. 
Since  the  latter  had  its  beginnings  in  1921 ,  many  persons 
are  too  young  to  remember  the  facts  and  the  passing  of 
time  has  dimmed  the  memory  of  the  oldsters. 

There  are  some  similarities  and  differences  between 
the  Watergate  affair  and  the  Teapot  Dome  scandals. 
The  abuse  and  misuse  of  executive  powers  gave  rise  to 
the  Watergate  affair  and  related  activities.  On  the  other 
hand,  the  Teapot  Dome  scandal  had  its  origin  over  the 
leasing  of  naval  petroleum  reserves  in  California  and 
Wyoming  in  1922  and  in  an  attempt  by  Secretary  of  the 
Interior  Albert  B.  Fall  and  several  private  individuals  to 
defraud  the  United  States  of  its  oil  reserves  for  personal 
financial  gain.  In  each  affair  there  were  lengthy  in- 
vestigative hearings  by  a  Senate  committee.  According 
to  Senator  Francis  E.  Warren,  chairman  of  the  Senate 
Committee  on  Appropriations,  the  Senate  hearing  and 
investigation  of  Teapot  Dome  up  to  April  16,  1924,  cost 
$32,808.03.'  Up  to  November  25,  1973,  Congress  had 
appropriated  $4.8  million  to  investigate  the  Watergate 
affair.  The  Senate  Watergate  Investigating  Committee 
had  spent  most  of  its  $1,000,000  appropriation  and  was 
asking  for  $500,000  more.  The  Special  Prosecutor's  of- 
fice had  a  budget  of  $2,800,000.  The  House  Judiciary 
Committee  had  received  a  $1,000,000  appropriation  for 
its  preliminary  impeachment  inquiry;  $232,000  had 
been  spent  for  extra  White  House  lavvryers;  and  $220,000 


or  more  had  been  spent  to  pay  Watergate  grand  jurors 
and  stenographers.^  An  exact  figure  of  the  total  spent  is 
probably  impossible  to  determine  because  other  costs 
were  hidden  in  the  budgets  of  the  FBI,  Congress,  the 
General  Accounting  Office  and  in  other  governmental 
offices . 

Secrecy  and  deception,  lies  and  evasion  of  questions 
and  illegal  surveillance  characterized  the  action  and 
testimony  of  some  of  the  principals  involved  in  both 
Watergate  and  Teapot  Dome.  Special  United  States 
prosecutors  were  appointed  in  each  case  to  investigate 
and  prosecute  those  who  had  violated  the  laws  of  the 
United  States.  In  the  Teapot  Dome  affair  there  were  two 
civil  suits,  both  of  which  reached  the  United  States 
Supreme  Court  which  upheld  the  federal  government  in 
its  efforts  to  cancel  the  oil  leases  and  restore  control  and 
ownership  of  the  oil  property  to  the  federal  government. 

There  were  also  six  criminal  trials  in  the  Teapot 
Dome  case.  Except  for  Secretary  Fall,  no  one  was  found 
guilty  and  sentenced  to  prison  for  their  part  in  the  leas- 
ing of  Teapot  Dome.  Harry  F.  Sinclair  was  the  only 
other  person  who  went  to  prison  but  his  prison  term  had 
nothing  to  do  with  the  leasing  of  Teapot  Dome.  He  was 
found  guilty  of  contempt  of  the  Senate  and  of  the  Court 
and  was  sentenced  to  prison  for  three  months  in  one  in- 
stance and  six  months  in  the  other.  Public  pressure 
forced  three  Cabinet  members  to  resign  because  of  their 
involvement  in  the  Teapot  Dome  case.  They  were  Secre- 


15 


tary  of  the  Interior  Albert  B.  Fall,  Secretary  of  the  Navy 
Edwin  Denby  and  Attorney  General  Harry  Daugherty. 
In  the  Watergate  affair  Richard  Nixon,  the  President  of 
the  United  States  barely  escaped  being  impeached  and 
removed  from  office  by  resigning.  Moreover,  as  of  June 
22,  1977,  25  former  aides  of  the  Nixon  administration  or 
employees  of  the  Committee  to  Re-elect  the  President, 
including  John  Mitchell,  Nixon's  campaign  director  and 
his  attorney -general,  had  gone  to  prison  for  the  role  they 
had  played  in  the  Watergate  affair.^ 

Naval  petroleum  reserves  had  their  origin  in  the 
19th  Century.  Starting  in  1864,  five  years  after  Colonel 
E.  L.  Drake  drilled  his  famous  oil  well  near  Titusville, 
Pa.,  the  U.S.  Navy  began  the  first  in  a  long  series  of  ex- 
periments with  petroleum  as  fuel  for  naval  vessels,  ex- 
tending over  the  next  50  years.  "*  The  increasing  use  of  oil 
as  fuel  in  locomotives,  power  plants,  and  steamships 
served  to  heighten  general  interest  in  oil  as  fuel.^  During 
the  last  40  years  of  the  19th  century,  the  British,  Italian 
and  German  navies  also  began  experimenting  with  pe- 
troleum as  fuel  in  their  naval  vessels. 

There  were  many  factors  favorable  to  the  use  of  pe- 
troleum as  fuel  in  naval  vessels,  but  the  one  great  deter- 
rent to  creating  an  oil -burning  naval  fleet  by  any  coun- 
try was  the  fear  that  the  supply  of  oil  might  not  be  ade- 
quate in  an  emergency.  Despite  this  fear,  the  U.S.  Navy 
in  1909  installed  equipment  for  burning  oil  instead  of 
coal  under  the  main  boilers  of  the  battleship  Cheyenne. 
By  late  1909  the  six  largest  U.S.  battleships  in  commis- 
sion or  under  construction  were  equipped  to  burn  either 
coal  or  oil,  and  14  of  the  latest  destroyers  used  oil  ex- 
clusively. 

Having  embarked  upon  a  program  of  burning  oil  as 
an  auxiliary  fuel  in  our  naval  vessels,  it  was  vital  that  an 
adequate  supply  of  oil  be  created  and  maintained  for 
the  U.S.  Navy.^  Therefore,  President  Taft  authorized  on 
September  27,  1909,  the  withdrawal  from  entry,  sale, 
settlement  and  private  appropriation  of  over  3,000,000 
acres  of  public  land  in  California  and  Wyoming  thought 
to  contain  petroleum  deposits.'  Subsequently,  orders 
withdrawing  additional  public  lands  were  issued. 

A  year  later,  1910,  the  Secretary  of  the  Navy  an- 
nounced, "All  new  destroyers  and  submarines  are  now 
desig[ned  to  use  oil  exclusively  for  fuel,  while  battleships 
and  other  large  vessels  were  being  fitted  to  carry  oil  as  an 
auxiliary  fuel."*  In  the  same  year,  oil  installations  were 
placed  in  the  battleships  Delaware  and  North  Dakota  so 
that  oil  could  be  used  as  an  auj^iliary  fuel.^  When  the 
Wyoming  and  Arkansas,  the  fastest  and  largest  bat- 
tleships in  the  world,  were  completed  in  1912,  their 
boilers  were  fitted  to  bum  both  oil  and  coal.  With  only  a 
portion  of  the  U.S.  naval  fleet  equipped  to  burn  oil,  the 
Navy  was  now  using  over  30,000,000  gallons  of  oil  per 
year.'" 

In  1911  Congress  authorized  the  construction  of  two 
dreadnoughts,  the  Nevada  and  Oklahoma.  Should  these 
16 


giant  battleships  be  equipped  to  bum  oil  exclusively? 
The  Navy  recognized  the  superiority  of  oil-burning  bat- 
tleships and  wanted  to  build  them,  but  there  was  still  a 
haunting  fear  that  the  supply  of  oil  might  not  be  ade- 
quate in  an  emergency. 

Before  making  any  decision.  Secretary  of  the  Navy 
Josephus  Daniels,  on  March  7,  1913,  asked  Secretary  of 
the  Interior  Franklin  K.  Lane  for  expert  advice  on  the 
future  supply  of  oil."  Was  the  Navy  justified  in  adopting 
a  policy  of  oil-burning  battleships?  Receiving  assurances 
from  Secretary  Lane  that  the  Navy  might  rely  upon  re- 
serves already  existing  for  a  supply  of  oil  greater  than  the 
life  of  any  battleship  to  be  constructed  within  the  next 
decade,  the  order  was  given  to  make  the  Nevada  "the 
first  oil  burner  in  any  Navy."  "Henceforth,"  declared 
Secretary  Daniels  in  1913,  "all  fighting  ships  which  are 
added  to  the  fleet  will  use  oil."'^ 

To  insure  an  adequate  supply  of  oil.  President  Taft 
on  September  2,  1912,  issued  an  executive  order  creat- 
ing out  of  the  public  lands,  containing  petroleum 
deposits  and  previously  withdrawn  from  entry.  Naval 
Petroleum  Reserve  No.  1,  commonly  called  the  Elk  Hills 
Naval  Reserve,  in  Kern  County,  California,  for  "the  ex- 
clusive use  or  benefit  of  the  U.S.  Navy  until  this  order  is 
revoked  by  the  President  or  by  Act  of  Congress."'^ 
Reserve  No.  1  consisted  of  approximately  38,069  acres. 
Not  knowing  the  quantity  of  oil  available  within  Reserve 
No.  1 ,  it  seemed  prudent  to  add  to  the  area  reserved  for 
the  future  oil  needs  of  the  United  States  Navy.  There- 
fore, President  Taft  issued  a  second  executive  order  on 
December  13,  1912,  creating  Naval  Petroleum  Reserve 
No.  2,  also  in  Kern  County,  California,  commonly 
called  the  Buena  Vista  Hills  Naval  Reserve,  involving 
approximately  29,391  acres.'" 

President  Wilson  on  April  30,  1915,  created  Naval 
Petroleum  Reserve  No.  3,  in  Natrona  County,  Wyo- 
ming. '^  It  consisted  of  approximately  9,481  acres  contig- 
uous to  and  lying  south  of  the  great  Salt  Creek  oil  field. 
Within  the  reserve,  50  miles  north  of  Casper,  a  high 
sandstone  rock  loomed  up  out  of  the  bare  sagebrush 
flats.  It  had  a  spout  which  made  the  rock  resemble  a 
teapot  so  this  reserve  was  commonly  called  Teapot 
Dome.  At  the  time,  according  to  the  U.S.  Bureau  of 
Mines,  the  Teapot  Dome  Reserve  supposedly  had 
135,000,000  recoverable  barrels  of  oil. '^ 

President  Harding  issued  an  executive  order  on 
February  27,  1923,  creating  Naval  Petroleum  Reserve 
No.  4,  in  northern  Alaska."  It  consisted  of  approx- 
imately 35,000  square  miles  in  the  western  part  of  this 
possible  oil-bearing  region. 

The  creation  of  these  four  Naval  Petroleum  Re- 
serves was  regarded  as  insurance  against  the  day  when 
other  domestic  sources  were  inadequate  or  no  longer 
available.  If  the  country's  commercial  supply  was 
depleted  before  the  supplies  of  an  enemy,  it  would  then 
be  in  a  position  to  draw  upon  these  reserves. 


By  an  amendment  to  the  Naval  Appropriation  Act 
of  June  4,  1920,  Congress  directed  the  Secretary  of  the 
Navy  to  take  possession,  use  and  operate  the  Naval 
Petroleum  Reserves  and  drill  offset  wells,  if  necessary, 
for  the  benefit  of  the  Navy.  He  was  charged  with  doing 
everything  needed  to  conserve  and  protect  the  oil  in  the 
ground  until  the  needs  of  the  Navy  required  its  extrac- 
tion.'* 

Three  months  after  the  inauguration  of  Warren  G. 
Harding  as  President  of  the  United  States,  upon  the 
joint  recommendation  of  Secretary  of  the  Interior  Albert 
B.  Fall  and  the  new  Secretary  of  the  Navy,  Edwin  Den- 
by,  Harding  issued  an  executive  order  on  May  31,  1921, 
transferring  the  administration  of  the  Naval  Petroleum 
Reserves  No.  1,  2  and  3  from  the  Secretary  of  the  Navy 
to  the  Secretary  of  the  Interior. '^  The  Secretary  of  the 
Interior  now  had  authority  to  grant  drilling  rights  in  the 
reserves.  This  marked  the  beginning  of  the  Teapot 
Dome  scandal. 

The  issuance  of  the  executive  order  was  cloaked  in 
secrecy.  It  was  not  published  nor  was  it  filed  in  the 
customary  section  of  the  State  Department.^"  The  New 
York  Times  buried  the  transfer  story  on  page  12.^' 
Later,  the  U.S.  Supreme  Court  held  the  executive  order 
of  President  Harding  to  be  illegal  because  it  purported 
to  confer  on  the  Secretary  of  Interior  authority  which 
Congress  had  lodged  exclusively  with  the  Secretary  of 
the  Navy. 

Old  conservationist  crusaders,  like  Senator  Robert 
M.  LaFollette,  Gifford  Pinchot  and  Harry  Slattery,  for- 
merly Pinchot's  secretary  and  now  secretary  of  the  Na- 
tional Conservation  Association,  were  suspicious  and 
greatly  disturbed  when  they  learned  of  the  executive 
order  transfer  and  other  anti-conservation  actions  of 
Secretary  Fall.  LaFollette  began  searching  for  pertinent 
documents  and  gradually  more  evidence  began  to  filter 
in  to  the  senator.  When  he  sought  the  views  of  naval  of- 
ficers, whom  he  knew  had  been  against  the  transfer  or 
the  leasing  of  the  reserves,  he  learned  that  they  had  all 
been  ordered  to  distant  sea  stations. ^^  This  further 
aroused  his  suspicions. 

Although  the  Naval  Appropriation  Act  of  June  4, 
1920,  authorized  the  Secretary  of  the  Navy  to  drill  offset 
wells  in  the  Naval  Petroleum  Reserves  to  prevent  drain- 
age of  oil  by  adjacent  wells.  Secretary  of  the  Navy 
Josephus  Daniels  in  Wilson's  Cabinet,  had  not  taken  any 
action  until  shortly  before  his  retirement  from  the 
Cabinet  early  in  March,  1921.  He  had  called  for  bids  to 
drill  22  offset  wells  in  a  section  of  the  Elk  Hills  Reserve  to 
protect  against  the  intensive  drilling  of  the  Standard  Oil 
Company  (California). ^^  The  bids  were  not  received  un- 
til Denby  became  Secretary  of  the  Navy  and  Fall  became 
Secretary  of  the  Interior  and  after  Harding's  Executive 
Order  of  May  31,  1921.  When  the  bids  were  received, 
Fall  accepted  the  best  bid  made,  one  by  the  Pan  Amer- 
ican   Petroleum    Company,    a    subsidiary    of   the    Pan 


American  Petroleum  and  Transport  Company,  both  of 
which  were  owned  and  controlled  by  E.  L.  Doheny. 
With  this  company.  Fall  made  a  lease  on  July  12,  1921, 
to  drill  offset  wells  in  Reserve  No.  1.  There  was  little  or 
no  criticism  of  the  lease  because  the  drainage  by  adjoin- 
ing wells  was  evident  and  bidding  for  the  lease  had  been 
open  and  competitive. 

On  April  7,  Fall  announced  the  adoption  by  the  In- 
terior Department  of  a  new  policy  for  protecting  the 
Government  against  further  losses  of  oil  in  the  California 
reserves.  He  estimated  that  around  22,000,000  barrels  of 
oil  had  been  lost  through  the  failure  of  the  Wilson  ad- 
ministration to  drill  protective  offset  wells  there. ^''  The 
loss  was  irrecoverable  and  the  Department  of  Interior 
could  only  inaugurate  a  drilling  campaign  to  save  the  oil 
that  still  remained  in  the  ground.  The  campaign  had 
already  started. 

Fall  announced  leases  on  Reserve  No.  1  to  two  com- 
panies based  on  claims  held  prior  to  the  withdrawal  of 
the  land  by  Taft.  In  making  this  announcement,  Secre- 
tary Fall  failed  to  disclose  that  on  this  very  same  day, 
April  7,  he  had  signed  a  20 -year  lease,  granting  to  Harry 

F.  Sinclair's  Mammoth  Oil  Company  the  right  to  drill 
and  take  oil  and  gas  from  the  entire  area  of  Teapot 
Dome.^^  The  Government  was  to  receive  royalties  of 
12.5  to  50  percent  on  the  production  of  the  wells.  When 
production  reached  20,000  barrels  of  oil  a  day.  Mam- 
moth was  to  build  a  pipeline  from  Teapot  Dome  east  to 
connect  with  the  main  trunk  line  from  Kansas  City  to 
Chicago  and  to  the  Gulf  in  order  to  run  the  Govern- 
ment's royalty  oil.  Inasmuch  as  the  Sinclair  Pipe  Line 
was  already  planning  to  build  a  pipeline  from  Chicago 
to  Wyoming  to  offset  high  freight  costs.  Mammoth, 
which  was  without  any  facilities,  designated  the  Sinclair 
Pipe  Line  as  its  nominee  to  carry  the  oil  from  Teapot 
Dome  and  the  Sinclair  Crude  Oil  Purchasing  Company 
as  its  nominee  to  buy  the  oil  and  erect  storage  tanks  at 
Teapot  Dome.  Both  of  these  Sinclair  companies  were 
one-half  owned  by  Standard  Oil  Company  (Indiana). 

What  had  been  secret  and  private  information  until 
now  became  public  information  on  April  14  when  the 
Wall  Street  Journal  carried  a  front-page  story  about  the 
leasing  of  Teapot  Dome.  Four  days  later,  while  Fall  was 
away  on  a  trip.  Acting  Secretary  of  the  Interior  Edward 

G.  Finney  formally  announced  the  leasing  of  Teapot 
Dome  to  Mammoth.  At  the  same  time,  Finney  also  an- 
nounced that  Edward  L.  Doheny 's  Pan  American  Petro- 
leum and  Transport  Company  was  being  awarded  a 
lease  on  parts  of  the  Elk  Hills  Naval  Petroleum  Reserve 
No.  1  (dated  June  5,  1922)  under  which  the  Navy's 
royalty  oil  from  the  reserve  was  to  be  exchanged  for 
storage  tanks,  docks,  wharves  and  other  facilities  for 
fueling  the  fleet  that  Doheny  would  build  at  Pearl  Har- 
bor. He  also  announced  the  signing  of  a  contract  (dated 
April  25,  1922)  under  which  Doheny  was  to  provide 
storage  for   1,500,000  barrels  of  fuel  oil   and  for  the 

17 


delivery  of  that  amount  of  oil  for  storage.^*  The  idea  of 
having  Doheny  build  storage  tanks  and  docks  in  ex- 
change for  the  Navy's  royalty  oil  was  a  clever  scheme 
worked  out  by  Fall  whereby  the  Navy  could  by-pass  Con- 
gress and  use  the  money  from  its  oil  royalties  to  build 
storage  tanks,  docks  and  other  needed  facilities  at  Pearl 
Harbor,  Hawaii.^' 

In  the  meantime.  Fall's  actions  with  respect  to  the 
Naval  Petroleum  Reserves  had  created  suspicions  and 
distrust  among  conservation  leaders.  It  wasn't  surpris- 
ing, therefore,  that  LaFollette  prompted  by  Slattery  took 
two  steps.  He  introduced  a  resolution  in  the  Senate  on 
April  21,  1922,  asking  Fall  to  send  to  the  Senate  all  the 
facts  about  the  leasing  of  the  Naval  Petroleum  Reserves 
No.  1,  2  and  3,  a  list  of  all  oil  leases,  and  all  executive 
orders  and  papers,  instructions,  requests  and  actions  re- 
lating to  them  in  the  files  of  the  Interior  Department.^* 
The  adoption  of  this  resolution  by  the  Senate  marked 
the  beginning  of  the  war  on  Fall. 

Since  Fall  had  failed  to  explain  or  justify  his  recent 
leasing  of  the  Naval  Petroleum  Reserves  in  any  way 
LaFollette  decided  as  a  second  step  that  he  must  try  to 
smoke  him  out  by  calling  for  a  Senate  investigation.  On 
the  afternoon  of  April  28  LaFollette  made  a  scathing 
speech  in  the  Senate  attacking  both  Fall  and  Denby.  A 
number  of  Republicans  were  in  their  seats  when 
LaFollette  began  speaking,  but  by  the  time  he  had  fin- 
ished most  of  them  had  withdrawn  from  the  chamber. 
LaFollette  asked  that  the  Senate  Committee  on  Public 
Lands  and  Surveys  be  authorized  to  investigate  the  leas- 
ing of  the  Naval  Petroleum  Reserves  and  report  its  find- 
ings and  recommendations  to  the  Senate.  The  next 
afternoon,  after  a  brief  debate,  the  Senate  adopted 
LaFollette's  resolution  by  a  unanimous  vote:  58-0.^^ 
Thirty-nine  Republicans  voted  for  an  investigation  of 
their  party's  administration. 

The  Senate  Committee  on  Public  Lands  and  Surveys 
was  composed  of  many  Republican  party  stalwarts  in- 
cluding Reed  Smoot  of  Utah  (the  Chairman),  and  Irvine 
Lenroot  of  Wisconsin.  Three  insurgent  Republican  Sen- 
ators, George  W.  Norris  of  Nebraska,  Edwin  E.  Ladd  of 
North  Dakota  and  Peter  Norbeck  of  South  Dakota  were 
also  on  the  committee  along  with  two  Democrats, 
Thomas  J.  Walsh  of  Montana  and  John  B.  Kendrick  of 
Wyoming. 


LaFollette  urged  Walsh,  an  able  constitutional 
lawyer  and  a  man  of  integrity,  to  take  the  leadership  in 
conducting  the  investigation.  Walsh  accepted  with 
hesitation  and  reluctance.  LaFollette  gave  Walsh  all  the 
evidence  he  had  gathered  on  Fall  and  Walsh  suddenly 
received  more  material  than  he  could  handle. 

Unlike  Nixon  in  the  Watergate  investigation.  Secre- 
tary Fall  did  not  invoke  the  doctrine  of  executive  priv- 
ilege in  responding  to  LaFollette's  resolution  requesting 
all  the  facts,  papers,  records  and  files  of  the  Interior 
Department  relating  to  the  oil  leases.  In  June,  1922,  Fall 
sent  to  the  Senate  a  truck  load  of  documents  (5,000- 
6,000  pages). ^^  They  arrived  along  with  a  letter  of 
transmittal  from  President  Harding  in  which  he  said 
that  "the  policy  which  has  been  adopted  by  the  Secre- 
tary of  the  Navy  and  the  Secretary  of  the  Interior  in 
dealing  with  these  matters  was  submitted  to  me  prior  to 
the  adoption  thereof,  and  the  policy  decided  upon  and 
the  subsequent  acts  have  at  all  times  had  my  entire  ap- 
proval."^' Fall  included  a  full  and  comprehensive  report 
on  the  naval  reserve  oil  leases. 

The  Senate  committee  hearings  did  not  begin  until 
18  months  after  the  Senate  had  approved  the  investiga- 
tion. Between  June,  1922  and  October,  1923— some  16 
months  —  Walsh  made  a  "laborious  study"  of  the  mass  of 
evidence  and  became  increasingly  aroused  over  what  he 
considered  Fall's  misconduct  in  office. 

While  waiting  for  the  hearings  to  begin.  Fall  con- 
tinued to  dispose  of  the  oil  reserves  at  his  command. ^^ 
On  December  15,  the  Wall  Street  Journal  reported  that 
Doheny  had  secured  an  extension  of  his  earlier  contract 
of  April  25,  1922,  in  which  he  had  been  granted  prefer- 
ential rights  to  further  leases.  In  time,  it  was  learned 
that  Fall  had  also  leased  to  Doheny  the  entire  Elk  Hills 
Reserve. 

On  January  2,  1923,  eight  months  after  the  Senate 
had  adopted  LaFollette's  resolution  to  investigate  the 
leasing  of  the  Naval  Petroleum  Reserves,  the  White 
House  announced  that  Fall  had  entered  the  Cabinet  at  a 
great  financial  sacrifice.  Now  he  was  resigning,  effective 
March  4,  in  order  to  devote  his  time  to  his  business  af- 
fairs in  the  Southwest.  The  real  reason,  many  believed, 
was  the  thought  of  the  coming  investigation  of  the  naval 
oil  leases.  Later  that  spring.  Fall  traveled  to  Russia  with 


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WTOMING  STATE  TEUBUNE 

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PRESIDENT  HARDING  DIES 


Harry  F.  Sinclair  who  was  seeking  an  oil  concession 
there. 

The  Public  Lands  Committee  made  a  feeble  gesture 
toward  activity  in  early  February,  1923,  when  Smoot, 
the  chairman,  asked  the  Director  of  the  Geological 
Survey  for  a  list  of  the  "principal"  geologists  in  the  U.S. 
From  this  list  the  committee  selected  two  to  examine 
Teapot  Dome  and  report  to  the  committee  as  soon  as 
possible. 

While  the  geologists  wandered  around  Teapot 
Dome,  Harding  acted  to  strengthen  his  political  posi- 
tion.^^  He  was  surrounded  by  difficulties.  The  Congres- 
sional elections  of  the  past  autumn  had  reduced  his 
Republican  majority  to  eight  in  the  Senate  and  five  in 
the  House.  The  farm  bloc,  including  insurgent  Repub- 
licans, now  held  the  balance  of  power  in  Congress  that 
blocked  the  administration's  legislative  program.  The 
Department  of  Justice,  headed  by  Daugherty,  was 
reported  to  be  lush  with  corruption.  One  of  Harding's 
"Ohio  Gang,"  Jesse  Smith  of  the  Justice  Department, 
had  died  either  from  murder  or  suicide.  There  were 
rumors  of  looting  by  the  Alien  Property  Custodian  and 
by  Charles  R.  Forbes,  director  of  the  Veterans  Bureau. 
There  were  the  stories  about  the  little  green  house  on  K 
Street. 

On  June  20,  1923,  the  President  left  Washington  on 
a  transcontinental  tour  to  Alaska,  then  down  the  West 
Coast  to  Seattle.  By  the  end  of  the  month  he  was  in  San 
Francisco.  On  the  night  of  July  28,  the  President  became 
ill  and  on  August  2,  he  suddenly  died.  The  cause  of 
death  was  stated  to  be  an  embolism,  according  to  his 
doctors.  But  how,  asked  William  Allen  White,  editor  of 
the  Emporia  Gazette  in  Kansas,  could  doctors  diagnose 
an  illness  that  was  "part  terror,  part  shame  and  part  ut- 
ter confusion?"^''  Before  he  left  Washington,  Harding 
had  discovered  that  some  of  his  friends  in  the  Ohio 
gang,  whom  he  trusted,  had  betrayed  him  and  this 
seemed  to  be  more  than  he  could  bear. 

In  the  meantime,  Calvin  Coolidge,  the  Vice  Presi- 
dent, became  President.  When  he  asked  William 
Howard  Taft  what  to  do  now  that  he  was  President, 
Taft  told  him  "do  nothing."'^  Accordingly,  Coolidge  re- 
mained quiet  and  did  almost  nothing  for  months. 

On  October  22,  1923,  at  10  a.m.,  Smoot  called  the 
Senate  Committee  on  Public  Lands  and  Surveys  to  order 
in  the  Senate  Office  Building  and  the  hearings  on  the  oil 
leases  began. ^®  Shortly  thereafter.  Teapot  Dome  began 
to  engross  the  nation's  attention  just  like  Watergate  did, 
as  one  "bomb"  after  another  was  dropped. 

Reports  from  the  two  geologists,  who  had  been 
employed  by  the  committee  to  examine  Teapot  Dome, 
were  heard  on  the  first  day.  They  testified  that 
Teapot  Dome,  originally  estimated  to  contain  about 
150,000,000  barrels  of  oil  contained  less  than  70  percent 
of  this  amount  and  that  the  existing  reserve  was  draining 
steadily  into  the  adjacent  areas.  Smoot  made  the  most  of 


Senator  John  B.  Kendrick 

their  testimony  — saying  the  action  of  Fall  had  been  en- 
tirely justified.  Fall,  Denby,  Sinclair  and  various  naval 
officers  and  other  government  employees  then  appeared 
before  the  committee. ^^ 

Walsh  was  a  lonely  prosecutor  during  these  first 
weeks.  Republicans  Smoot  and  Lenroot,  if  not  hostile, 
were  unprepared  to  investigate  and  Kendrick  was  a 
reluctant  participant.  Most  of  the  Republican  members, 
except  Norris,  and  some  of  the  Democratic  members  on 
the  committee  were  not  anxious  to  stir  up  trouble. 

Late  in  October,  1923,  there  was  a  rumor  that 
Walsh  was  about  to  abandon  his  search  for  fraud  in  the 
leasing  of  Teapot  Dome  when  stories  began  to  reach  him 
about  Fall  and  some  land  deals  in  New  Mexico.  There- 
fore, he  began  calling  witnesses  from  New  Mexico.  One, 
Carl  Magee,  a  newspaper  editor  from  Albuquerque,  tes- 
tified how  Fall,  about  the  time  he  leased  Teapot  Dome, 
had  suddenly  shown  evidence  of  financial  well-being, 
had  substantially  increased  his  fortune,  and  had  made 
beautiful  improvements  on  his  ranch  at  Three  Rivers, 
New  Mexico.^*  This  was  in  striking  contrast  to  the  cir- 
cumstances of  several  years  past,  when  Fall  seemed 
almost  penniless.  In  fact.  Senator  Fall  needed  money  so 
badly  in  February,  1920,  that  he  could  no  longer  afford 
to  be  Senator  from  New  Mexico.  He  resigned  his  seat  in 
order  to  recoup  his  fortunes  and  returned  to  his  isolated, 
run-down  ranch  at  Three  Rivers,  New  Mexico,  on  which 
he  could  not  even  pay  the  taxes.  Other  Fall  neighbors  or 
acquaintances  substantiated  what  Magee  had  said. 

J.  T.  Johnson,  Fall's  ranch  manager  at  Three  Rivers, 
testified  that  Harry  Sinclair  had  visited  Fall  at  his  ranch 
around  Christmas  of  1921.^*  Johnson  also  stated  that 

19 


Freight  teams  leaving  Casper  for  Salt  Creek  and  Teapot  Dome. 


Fall  lately  had  acquired  several  registered  hogs,  bulls 
and  cows  from  Sinclair's  farm  in  New  Jersey. 

When  Sinclair  appeared  before  the  committee  for 
the  second  time,  he  brought  his  secretary  and  accoun- 
tant, G.  D.  Wahlberg,  who  displayed  an  account  book 
showing  receipts  of  payments  from  Fall  for  the  livestock. 
Sinclair  denied  giving  Fall  a  gift  of  any  kind  in  return  for 
the  lease  on  Teapot  Dome.'"' 

At  the  end  of  1923,  Fall,  from  his  sick  bed  in  his 
Washington  apartment,  sent  Smoot  a  statement  of  his 
financial  condition.  He  declared  that  in  order  to  enlarge 
his  ranch  holdings  in  New  Mexico,  he  had  borrowed 
$100,000  in  cash  from  Edward  B.  McLean,  publisher  of 
the  Washington  Post,  in  November,  1921. 

The  flow  of  witnesses  continued  unabated,  but  the 
general  impression  in  Washington  was  that  Walsh  was 
up  against  a  stone  wall.  Both  Denby  and  Fall,  like 
Sinclair  and  Doheny,  had  denied  under  oath  any  collu- 
sion over  the  naval  oil  reserves,  and  Walsh  could  not 
prove  otherwise. 

On  January  3,  1924,  McLean's  lawyer,  A.  Mitchell 
Palmer,  wrote  Lenroot,  Smoot's  replacement  as  chair- 
man of  the  Senate  Committee.  Palmer  had  discussed 
Fall's  story  with  McLean,  now  in  Florida,  and  McLean 
would  give  the  committee  a  complete  statement  about 
the  loan  to  Fall,  but  he  could  not  appear  before  the 
committee  since  he  was  in  Florida  and  sick."^  He  would, 
however,  be  glad  to  answer  all  questions  in  Palm  Beach. 
The  Senate  Committee,  therefore,  appointed  Walsh  as  a 
subcommittee  of  one  to  go  to  Florida  to  take  testimony 
and  issue  subpoenas  to  require  McLean  or  any  other 
witnesses  to  appear  and  testify  before  him. 

20 


On  January  12  in  Palm  Beach,  Walsh  began  ques- 
tioning McLean  who  "dumbfounded"  him  when 
McLean  denied  lending  Fall  the  money  at  all.  He  said 
he  had  given  Fall  several  checks,  but  they  had  all  been 
returned  uncashed.  Fall  happened  to  be  in  Palm  Beach 
as  the  guest  of  McLean  while  Walsh  was  there,  but  he 
refused  to  appear  before  Walsh.  However,  Fall  in  a 
statement  admitted  that  he  did  not  finally  use  the 
money  from  McLean  because  he  had  found  other 
sources  in  no  way  connected  with  Sinclair  or  Teapot 
Dome  or  any  oil  concession.""  Fall  had  lied  again.  His 
admitted  lie  made  dramatic  and  sensational  news.  It  was 
a  lie  that  Fall  deeply  regretted  the  rest  of  his  life  and  his 
critics  never  allowed  him  to  forget  it. 

The  Teapot  Dome  inquiry,  close  to  expiration  days 
earlier,  now  came  alive.  Any  Republican  hope  for  a 
quick  ending  of  the  inquiry,  which  was  damaging  the 
party's  prestige,  disappeared.  Where  had  the  $100,000 
come  from?  That  was  the  most  important  question  now. 
Ugly  rumors  and  gossip  in  Washington  and  in  news- 
papers throughout  the  country  were  pressing  for  an 
answer. 

On  January  24,  1924,  in  the  presence  of  newspaper- 
men, senators  and  spectators,  Doheny  calmly  testified 
before  the  Senate  Committee  that  he,  not  McLean,  on 
November  30,  1921 ,  had  loaned  Fall  the  $100,000  on  his 
promissory  note  to  enable  Fall  to  enlarge  his  ranch  in 
New  Mexico.  Doheny's  son,  Edward,  Jr.,  had  carried  the 
$100,000  in  cash  from  the  bank  to  Fall's  office  "in  a  little 
black  bag.'""" 

This  was  sensational  news  that  made  headlines.  Fall 
and  Doheny  had  been  friends  for  over  30  years.  They 


had  prospected  together  for  gold  in  the  West  years  ago. 
Fall  had  suffered  recent  financial  troubles  while  Doheny 
had  become  quite  rich.  According  to  Doheny,  the  loan 
had  no  relation  to  the  Elk  Hills  lease  of  1922;  Pan 
American  had  made  the  best  bid.  Later  during 
Doheny 's  testimony,  he  produced  the  note  signed  by  Fall 
when  he  received  the  1 100, 000  loan,  but  Fall's  signature 
had  been  torn  off.""*  Doheny  himself  had  torn  off  the 
signature  from  the  note  because  if  he  should  die  before 
Fall  could  repay  the  loan,  Doheny  did  not  want  Fall  to 
be  pressed  for  repayment  to  the  Doheny  estate  at  an  in- 
convenient time.  He  gave  the  signature  to  his  wife  so 
Doheny  and  his  wife  together  held  Fall's  note  and 
signature. 

When  Doheny  revealed  that  he  had  loaned  Fall 
$100,000,  Congress  quickly  passed  a  resolution  which 
was  approved  by  the  President  on  February  8,  1924, 
authorizing  and  directing  the  President  to  file  suit  to 
cancel  all  contracts  and  leases  on  the  Naval  Petroleum 
Reserves  No.  1  and  No.  3,  recover  the  land,  and  employ 
special  counsel  to  take  charge  of  the  prosecution. ""^ 

While  the  Senate  hearings  continued,  the  cry  went 
unabated  that  the  leasing  of  Teapot  Dome  must  have 
been  discussed  in  Cabinet  meetings.  Coolidge  claimed 
that  he  had  never  heard  the  leases  discussed  in  any  of 
Harding's  Cabinet  meetings  nor  could  Secretary  of  State 
Hughes,  Secretary  of  War  John  W.  Weeks  or  Secretary 
of  Commerce  Herbert  Hoover.""  Daughtery,  the  At- 
torney General,  insisted  that  his  legal  opinion  on  the 
leases  was  never  asked  nor  given  and  he  knew  nothing 
about  the  leases  until  the  matter  came  up  for  investiga- 
tion. The  Coolidge  administration's  position  seemed  in 
peril  and  its  future  status  in  doubt  despite  these  denials. 

The  next  day  after  Doheny's  statement,  J.  W.  Zeve- 
ly,  a  lawyer  for  Sinclair,  further  involved  Fall.  He  testi- 
fied that  when  Sinclair  asked  Fall  to  go  with  him  to 
Russia,  Fall  needed  $25,000  for  personal  business  af- 
fairs. Sinclair  told  his  secretary,  G.  D.  Wahlberg  to  give 
Zevely  $25,000  or  $30,000  in  bonds,  if  Fall  should  ask 
Zevely  for  it,  which  Fall  did.  Wahlberg  sent  the  bonds  to 
Fall's  bank  in  El  Paso."**  The  loan  had  never  been  repaid 
and  no  interest  had  ever  been  paid.  By  now,  Coolidge 
and  the  Republican  Party  spokesmen  seemingly  had  had 
enough.  It  was  time  to  stop  defending  Fall  and  protect 
the  Republican  party. 

It  was  about  this  time  that  Coolidge  asked  Henry 
Slattery  to  the  White  House  so  he  could  learn  the  com- 
plete story. ""^  Apparently  Coolidge  had  not  known  very 
much  about  the  whole  affair.  When  Slattery  finished 
and  had  answered  Coolidge's  questions,  Coolidge  moved 
into  action.  Administration  leaders,  greatly  worried  over 
the  political  effect  of  Teapot  Dome,  agreed  that  the  gov- 
ernment should  take  positive  steps  against  the  guilty, 
cancel  the  leases  and  restore  the  oil  properties  to  the 
government.  Bowing  to  public  and  party  pressures, 
Coolidge  issued  a  statement  on  Sunday,  January  27,  pro- 


posing to  employ  special  counsel  and  bring  suit  to  cancel 
the  oil  leases.  The  next  day  the  House  of  Representa- 
tives, by  a  nearly  unanimous  vote,  passed  a  resolution 
appropriating  $100,000  to  pay  for  Coolidge's  special 
counsel.  Coolidge  selected  two  men  to  be  special 
counsel.  They  were  Silas  H.  Strawn  of  Chicago,  a  Re- 
publican, and  Thomas  W.  Gregory  of  New  York  City,  a 
Democrat  and  Attorney-General  in  Wilson's  Cabinet. 
Both  men  accepted,  subject  to  Senate  approval. 

On  January  31,  Senator  James  A.  Reed  of  Missouri 
asked  that  Doheny  be  recalled  for  further  testimony  be- 
fore the  Public  Lands  Committee.  Reed  knew  precisely 
what  he  wanted  from  Doheny  and  what  the  Committee 
should  ask  him.  Reed's  action  was  prompted  by  the  fact 
that  he  le^  a  powerful  and  bitter  minority  opposed  to 
the  presidential  nomination  of  William  Gibbs  McAdoo 
by  the  Democratic  party  in  1924.  McAdoo  was  favored 
for  the  Democratic  nomination,  but  Reed  wanted  the 
presidential  nomination  himself.  He  arranged  to  cause 
problems  for  the  McAdoo  camp.  He  got  Lenroot  to 
recall  Doheny  to  testify  and  ask  him  this  question:  "Have 
you  employed  any  Cabinet  officer  (other  than  Franklin 
K.  Lane)  subsequent  to  his  retiring  from  the  Cabinet?"^" 
Doheny  replied  that  he  had  hired  several  and  among 
them  were  Thomas  W.  Gregory  and  William  Gibbs 
McAdoo.  McAdoo  had  been  a  member  of  a  law  firm 
Doheny  had  employed  to  represent  him  in  Washington 
in  connection  with  some  Mexican  oil  matters.  Doheny 
had  paid  the  firm  $100,000  in  November,  1919.  Beginn- 
ing on  March  1,  1922,  McAdoo  had  been  paid  an  an- 
nual retainer  of  $25,000  per  year. 

Until  now  the  scandal  had  been  almost  exclusively 
Republican.  Now  the  leading  Democratic  candidate  for 
President  had  been  smeared  with  oil  and  linked  by  im- 
plication to  the  Teapot  Dome  case  and  his  reputation 
was  damaged  beyond  repair.  The  Democrats  were  dis- 
mayed. They  had  hoped  to  make  the  oil  leases  an  issue 
in  the  campaign  of  1924  but  it  would  be  embarrassing  to 
nominate  a  man  who  had  been  employed  by  Doheny. 

The  next  day  Gregory  withdrew  as  a  Coolidge 
nominee  for  special  counsel  because  his  firm  had  repre- 
sented Doheny.  In  his  place,  Coolidge  nominated  Atlee 
Pomerene,  a  former  Democratic  Senator  from  Ohio. 
Albert  J.  Beveridge  writing  at  this  time  to  Gifford  Pin- 
chot  said:  "Lord,  but  the  country  is  howling."^'  There 
were  demands  that  the  entire  Coolidge  Cabinet  should 
resign.  Bruce  Bliven,  writing  in  The  New  Republic, 
wrote  that  Washington  was  "wading  shoulder-deep  in 
oil.  Newspaper  correspondents  wrote  of  nothing  else, 
and  in  hotel  lobbies,  on  the  streets,  and  at  dinner  tables, 
oil  was  the  only  subject  of  discussion.  Congress  had 
abandoned  all  other  business.  No  one  knows  what  each 
day  may  bring  forth.  .  .  ."^^ 

When  Lenroot  notified  Coolidge  that  the  Senate 
Committee  on  Public  Lands  and  Surveys  would  report 
adversely  on  Silas  Strawn,  Coolidge  withdrew  his  name 

21 


and  nominated  Owen  J.  Roberts,  a  Philadelphia  lawyer, 
as  the  Republican  counsel  on  February  15.  In  the 
Senate,  a  bitter  debate  raged  over  the  confirmation  of 
Roberts  and  Pomerene.  It  was  charged  that  neither  man 
knew  enough  about  public  land  laws  and  issues  but,  in 
the  end,  both  were  confirmed  and  commissioned  on 
February  19. 

On  the  previous  day,  the  18th,  Denby,  the  Secretary 
of  the  Navy,  resigned,  effective  March  10,  after  holding 
out  for  many  difficult  weeks. 

With  Denby  out,  the  heat  was  turned  on  Daugherty 
in  full  force.  He  was  a  friend  of  McLean,  Sinclair  and 
Doheny,  his  department  had  not  offered  one  bit  of 
evidence  during  the  Senate  investigation  and  Daugherty 
was  charged  with  protecting  crime  and  criminals  and 
selling  immunity  from  prosecution.  Senator  Wheeler  of- 
fered a  resolution  calling  for  the  investigation  of  Daugh- 
erty. Several  Republican  senators  went  to  the  White 
House  to  tell  Coolidge  that  Daugherty  should  retire  for 
the  good  of  the  party.  Some  Republicans  opposed  the 
maneuver,  and  there  was  talk  of  a  split  in  the  Repub- 
lican party. 

Coolidge,  in  character,  for  the  moment  did  nothing. 
Senator  Albert  J.  Beveridge  was  gravely  concerned  over 
the  fact  that  ordinary  citizens  believed  that  "nobody  is 
straight  about  anything."  Major  newspapers  over  the 
country  editorialized  on  political  immorality  and  the 
lack  of  leadership  in  the  Republican  party.  On  the  last 
day  of  February,  the  Democrats  in  the  Senate,  without 
mercy  or  restraint,  flayed  Daugherty,  the  administration 
which  had  sheltered  him  and  the  oil  scandal  which  had 
enveloped  him.  The  Republicans  simply  sat  in  silence. 

The  next  day,  the  Senate  passed  the  Wheeler  resolu- 
tion to  investigate  Daugherty  for  failing  to  prosecute 
Fall,  Sinclair,  Doheny  and  other  grafters.  On  the  1 2th 
the  special  investigating  committee  began  its  hearings. 
As  stories  came  out  about  Daugherty,  the  little  green 
house  on  K  Street  and  Roxy  Stinson,  the  divorced  wife  of 
Daugherty's  late  close  friend,  Jesse  Smith,  the  pressure 
on  Coolidge  steadily  mounted.  After  Secretary  Hoover 
and  Secretary  Hughes  went  to  Coolidge  and  asked  him 
to  replace  Daugherty,  Coolidge  on  March  27  sent  a  note 
to  Daugherty  saying  he  was  expecting  his  resignation  at 
once.  The  next  day,  Daugherty  resigned  but  he  never 
faced  any  court  charges  for  any  wrongs  committed  as 
Attorney-General. 

As  April  gave  way  to  May,  there  were  no  new  revela- 
tions in  the  Senate  Committee.  Teapot  Dome  was 
buried  deep  in  the  inside  pages  of  the  daily  press.  At  the 
hearings  the  storm  of  fruitful  testimony  had  died  away. 
Monotonous  questioning  of  geologists  and  oil  experts 
about  drainage  replaced  the  earlier  sharp  examination 
of  sundry  political  figures.  Attendance  at  the  hearings 
fell  off;  there  was  not  a  single  spectator  in  attendance  on 
May  8. 

The  end  of  the  inquiry  was  now  in  sight.  On  May  2, 
22 


Senator  Francis  E.  Warren,  chairman  of  the  Appropria- 
tions Committee,  reported  to  the  Senate  that  the  Teapot 
Dome  investigation  up  to  April  16,  1924,  had  cost 
$32,808.03.  On  May  14  Walsh  suggested  that  the  com- 
mittee adjourn  subject  to  the  call  of  the  Chairman.  Until 
1928  Teapot  Dome,  as  a  political  issue,  was  relatively 
quiet. 

With  the  Senate  Committee  inactive,  the  initiative 
now  passed  to  the  President's  special  counsel,  Owen 
Roberts  and  Atlee  Pomerene.  They  had  been  at  work 
since  early  March  preparing  for  legal  action.  On  March 
II,  1924,  they  left  Washington,  D.C.,  for  Cheyenne, 
Wyoming.  On  the  1 2th  the  special  prosecutors  filed  suit 
in  the  name  of  the  U.S.  against  the  Mammoth  Oil  Com- 
pany, the  Sinclair  Pipe  Line  Company  and  the  Sinclair 
Crude  Oil  Purchasing  Company  in  the  U.S.  District 
Court  at  Cheyenne.  The  action  sought  to  cancel  the 
agreement  of  April  7,  1922,  and  the  supplemental  lease 
of  February  9,  1923,  relating  to  the  leasing  of  Teapot 
Dome,  on  the  ground  that  the  United  States  had  been 
defrauded  by  Fall  and  Sinclair  and  that  the  lease  was  ex- 
ecuted without  legal  authority. ^^  The  government  asked 
for  a  restraining  order,  a  decree  nullifying  the  agree- 
ment, the  appointment  of  receivers,  a  final  injunction 
against  the  defendants,  a  decree  for  accounting,  and  a 
decree  for  ousting  both  the  Sinclair  Crude  Oil  Purchas- 
ing Company  and  the  Sinclair  Pipe  Line  Company  from 
Teapot  Dome.  The  two  Sinclair  companies  had  been 
made  defendants  because  their  rights  were  derived  from 
Mammoth  and  the  government  alleged  that  both  were 
trespassers.  The  court  issued  a  temporary  restraining 
order,  appointed  receivers,  and  set  the  trial  for  De- 
cember 20. 

From  Cheyenne  the  special  prosecutors  went  to  Los 
Angeles  where  they  were  granted  an  injunction  from  a 
federal  court  against  Doheny's  Pan  American  Petroleum 
and  Transport  Company  restraining  further  exploration 
of  the  Naval  Reserve  at  Elk  Hills.  On  March  17  they  fil- 
ed suit  against  Pan  American,  charging  fraud  by  Fall 
and  Doheny  and  the  lack  of  legal  authority  by  Fall  to 
lease  the  Naval  Oil  Reserve  No.  I. 

Sinclair  not  only  faced  charges  in  Cheyenne  but  he 
also  had  to  face  grand  jury  charges  in  Washington, 
D.C.,  for  contempt  of  the  Senate.  He  had  appeared 
before  the  Teapot  Dome  Senate  Committee  on  March 
22,  1924,  to  answer  questions  about  his  1920  campaign 
contributions  but  he  refused  to  answer  any  questions  on 
the  ground  that  the  committee  was  without  jurisdiction 
to  question  him  further  regarding  the  lease  of  Teapot 
Dome.  Ten  times  (and  for  the  same  reason  each  time) 
Sinclair  refused  to  answer  on  advice  of  counsel.^'' 

At  its  next  session  the  Senate  voted  to  ask  for  grand 
jury  action  against  Sinclair  for  refusing  to  testify.  On 
March  31  the  grand  jury  indicted  Sinclair  for  contempt 
of  the  Senate.  The  indictment  was  the  first  of  its  V-:id  in 
Washington    in    35    years."    Despite    the    distinction. 


Sinclair  pleaded  not  guilty  and  his  lawyers  began  to 
prepare  a  defense.  Sinclair  gave  bond  and  gained  his 
freedom,  pending  trial. 

Early  in  June,  1924,  Walsh  submitted  his  report  to 
the  Senate  Committee  on  Public  Lands  and  Surveys.  In 
turn,  the  committee  sent  a  majority  report  to  the  Senate 
that  was  in  substantial  conformity  with  that  of  Walsh. ^^ 
The  report  was  signed  by  Chairman  Ladd  and  seven 
other  committee  members,  all  of  them  Democrats  or 
Progressive  Republicans.  The  report  charged  Fall  with 
utter  disregard  of  the  law  and  an  unwarranted  assump- 
tion of  authority.  It  denounced  the  transactions  center- 
ing around  the  oil  leases  as  "essentially  corrupt." 

There  were  mixed  public  reactions  to  the  report. 
However,  historian  Joseph  Schafer,  writing  in  1940, 
called  Walsh's  report  "a  masterly  statement  of  the  entire 
case,  written  in  a  judicial  vein,  without  rancor  and  with 


Early  oil  strike,  Salt  Creek  Oil  Field,  north  of  Teapot 
Dome. 


scrupulous  care  not  to  overstep  the  evidence."^'  Senator 
Spencer  of  Missouri  presented  a  statement  signed  by  five 
minority  members  saying  that  they  had  not  been  given 
sufficient  time  to  read  the  Walsh  report,  although  the 
minority  members  had  received  a  copy  of  the  report  as 
soon  as  other  members  of  the  committee  and  the  entire 
committee  had  spent  two  days  considering  it.^*  The 
minority  also  objected  to  some  of  Walsh's  interpreta- 
tions. The  Senate,  on  January  20,  1925,  adopted  the 
Walsh  majority  report.  The  hearings  of  the  Senate  Com- 
mittee on  Public  Lands  and  Survey  were  later  published 
in  three  stout  volumes  containing  3,586  pages. 

While  the  Senate  Committee  hearings  on  Teapot 
Dome  were  coming  to  a  close  and  the  special  prosecutors 
were  preparing  for  the  civil  suit  against  Mammoth  at 
Cheyenne,  government  agents  in  examining  the  records 
of  certain  banks  in  the  West  in  which  Fall  had  accounts, 
found  reference  to  3.5  percent  Liberty  bonds  along  with 
a  list  of  their  numbers.  Through  the  Treasury  Depart- 
ment they  traced  the  bonds  to  stockholders  in  the  Con- 
tinental Trading  Company,  Ltd.,  a  Canadian  corpora- 
tion, which  had  purchased  a  total  of  $3,080,000  in  these 
Liberty  bonds.  This  was  another  sensational  develop- 
ment because  Continental  had  been  secretly  organized 
and  no  one  knew  anything  about  it.  Roberts  and  Pom- 
erene,  therefore,  filed  an  affidavit  in  a  Toronto  court, 
requesting  authorization  to  take  a  deposition  from  H.  S. 
Osier,  president  of  Continental,  who  lived  in  Ontario. 

Continental  had  been  organized  in  November, 
1921,  in  New  York  City  by  H.  M.  Blackmer,  chairman 
of  the  board  of  the  Midwest  Refining  Company;  James 
E.  O'Neil,  president  of  the  Prairie  Oil  and  Gas  Com- 
pany; Harry  F.  Sinclair,  head  of  Sinclair  Consolidated 
Oil  Corporation;  and  Colonel  R.  W.  Stewart,  chairman 
of  Standard  Oil  Company  ( Indiana). '''  This  group  as 
private  individuals  had  been  incorporated  in  Canada  as 
the  Continential  Trading  Company,  Ltd.  On  November 
17,  1921,  Continental  contracted  with  the  Humphreys 
Texas  Company  and  the  Humphreys  Mexia  Company  to 
purchase  33,333,333  barrels  of  crude  oil  at  $1.50  a  bar- 
rel. On  the  same  day.  Continental  sold  this  contract  to 
the  Sinclair  Crude  Oil  Purchasing  Company  and  the 
Prairie  Oil  and  Gas  Company,  jointly,  for  $1.75  a  bar- 
rel. Sinclair  Crude  Oil  Purchasing  and  Prairie  took 
delivery  of  the  oil  directly  from  Humphreys  and  paid  for 
it  through  Continental  which  netted  a  profit  of  more 
than  $2,000,000.  It  invested  the  profit  in  Liberty  Bonds 
buying  them  through  a  New  York  agency  of  the  Domi- 
nion Bank  of  Canada.  Osier  then  distributed  these 
bonds  to  Continental's  shareholders. 

Roberts  and  Pomerene  were  anxious  to  question 
Osier  and  others  in  Canada,  hoping  to  learn  who  owned 
Continental  stock  and  received  the  bonds. ^^  When  Con- 
tinental went  out  of  business  in  February,  1923,  it  had 
destroyed  all  books  and  papers,  but  the  U.S.  Govern- 
ment, fortunately,  had  the  numbers  of  the  bonds,  and 

23 


the  Secret  Service  agents  had  already  traced  $90,000 
worth  of  them  to  Fall.  Consequently,  Continental  was 
related  to  Teapot  Dome  and  Roberts  and  Pomerene  had 
good  reason  to  investigate  Continental. 

The  Ontario  Supreme  Court  directed  Osier  to  ap- 
pear in  Toronto  before  the  U.S.  Consul  and  answer 
questions,  but  Osier  was  hunting  elephants  in  Africa. 
Blackmer  and  O'Neil  were  living  in  France  and  refused 
to  appear  and  testify.  Sinclair  was  under  indictment  for 
the  Teapot  Dome  lease  and  could  refuse  to  testify. 
Federal  marshals  could  not  find  Colonel  Stewart. 

Roberts  and  Pomerene  had  more  immediate  success 
in  California.  After  a  protracted  trial,  the  Judge  of  the 
U.S.  District  Court  in  Los  Angeles  on  May  28,  1925, 
held  that  Doheny's  loan  to  Fall  was  a  bribe  that  had  in- 
duced Fall  to  grant  Doheny  the  lease  on  the  Elk  Hills 
Reserve.®'  According  to  the  court,  Fall  and  Doheny  were 
guilty  of  fraud  and  conspiracy  while  Harding  had  ex- 
ceeded his  presidential  powers  in  making  the  transfer  of 
the  reserves  to  Fall.  The  court  also  found  that  Denby's 
role  in  the  deal  was  "passive."  The  Judge  cancelled  the 
contract  between  the  Government  and  Doheny's  Pan 
American  Petroleum  Company.  He  charged  Pan  Amer- 
ican for  all  the  oil  it  had  extracted  but  directed  the 
government  to  pay  for  the  work  Doheny  had  done  under 
the  contract  at  Pearl  Harbor. 

Doheny  appealed  the  decision.  The  U.S.  Circuit 
Court  of  Appeals  in  San  Francisco  upheld  the  District 
Court's  decision  against  Doheny  in  the  Elk  Hills  case. 
Doheny  appealed.  The  Supreme  Court  in  a  unanimous 
decision  on  February  23,  1927,  cancelled  Doheny's  lease 
on  Elk  Hills  and  returned  the  Naval  Petroleum  Reserve 
to  the  Govenment.  It  refused  to  order  repayment  by  the 
Government  of  any  money  Doheny  and  his  company 
had  spent  on  Elk  Hills  or  at  Pearl  Harbor.®^  It  also  held 
that  the  Secretary  of  the  Navy,  Denby,  "took  no  active 
part  in  the  negotiations  and  that  Fall  acting  collusively 
with  Doheny,  dominated  the  making  of  the  contracts 
and  leases." 

At  Cheyenne,  on  June  19,  1925,  the  Government 
lost  its  suit  against  Mammoth.  Judge  Kennedy  of  the 
U.S.  District  Court  upheld  Sinclair's  lease  on  Teapot 
Dome  and  found  against  the  Government  on  every  point 
that  Roberts  and  Pomerene  had  raised,  upheld  the 
authority  of  Fall  and  Denby  to  make  the  lease  and  Har- 
ding to  transfer  the  reserves.®^  Despite  the  adverse  de- 
cision, Roberts  and  Pomerene  managed  to  establish  the 
fraudulent  character  of  the  Continental  Trading  Com- 
pany and  to  demonstrate  that  Fall  — or  he  and  his  busi- 
ness associates  had  received  a  total  of  at  least  $233,000 
in  Liberty  Bonds  from  Continental's  profits.  The  Judge 
dismissed  as  unproven  the  charge  of  collusion  between 
Sinclair  and  Fall.  The  Government  had  been  unable  to 
offer  direct  proof  that  Fall  had  received  any  Continental 
bonds  from  Sinclair.  Roberts  and  Pomerene  appealed 
the  decision. 
24 


On  September  28,  1926,  the  United  States  8th  Cir- 
cuit Court  of  Appeals,  in  the  suit  against  Mammoth, 
held  that  the  leases  were  procured  through  fraud  and 
corruption  and  should  be  cancelled.^''  The  Circuit  Court 
instructed  the  District  Court  to  enter  a  decree  cancelling 
the  lease  and  contract  as  fraudulent,  enjoining  the 
defendants  from  further  trespassing  on  the  reserve,  and 
providing  for  a  general  accounting  by  Mammoth  for  the 
value  of  all  oil  taken  from  the  reserve  under  the  lease. 
The  defendants  appealed  and  on  October  10,  1927,  the 
Supreme  Court  in  a  unanimous  decision  sustained  the 
decision  of  the  Circuit  Court  and  restored  Teapot  Dome 
to  the  complete  ownership  and  control  of  the  govern- 
ment. It  declared  the  lease  to  be  a  culmination  of  a  con- 
spiracy between  Fall  and  Sinclair,  "the  purpose  of  which 
was  to  circumvent  the  law  and  defeat  public  policy."  It 
assailed  the  drainage  argument  given  by  Fall  as  a  reason 
for  leasing  Teapot  Dome. 

These  two  decisions  of  the  U.S.  Supreme  Court  end- 
ed the  civil  trials  in  the  history  of  Teapot  Dome  and  Elk 
Hills.  On  March  17,  1927,  Coolidge  revoked  Harding's 
executive  order  of  May  31,  1921,  transferring  the  naval 
oil  reserves  from  the  Navy  Department  to  the  Interior 
Department,  and  two  months  later  the  Secretary  of  the 
Navy  formally  took  over  the  reserves  from  the  Secretary 
of  the  Interior. 

The  first  of  six  criminal  trials  arising  out  of  the  in- 
vestigation of  the  oil  leases  began  on  November  22, 
1926,  when  Doheny  and  Fall  were  tried  in  the  Supreme 
Court  of  the  District  of  Columbia  on  the  charge  of  con- 
spiracy.®^ On  December  16  the  jury  acquitted  both  men. 

Sinclair  was  also  on  trial  at  this  time,  and  on  March 
17,  1927,  in  the  Criminal  Branch  of  the  Supreme  Court 
of  the  District  of  Columbia,  a  jury  found  him  guilty  of 
contempt  of  the  Senate  for  refusing  to  answer  questions 
before  the  committee.  He  immediately  appealed  to  the 
U.S.  Supreme  Court.  Ultimately,  on  October  17,  in  the 
same  court,  Sinclair  and  Fall  went  on  trial  for  con- 
spiracy.®® 

For  two  weeks  the  trial  proceeded  smoothly  when 
suddenly  Pomerene  moved  for  a  mistrial,  charging  an 
improper  surveillance  of  the  jury  by  agents  of  the  Bums 
Detective  Agency  who  had  been  hired  by  Sinclair.  The 
judge  ordered  a  mistrial  and  discharged  the  jury.  For 
this  lastest  action,  Sinclair  drew  another  contempt  ver- 
dict in  February,  1928,  and  was  sentenced  to  six  months 
in  jail.  Sinclair  appealed.  On  April  8,  1929,  the  U.S. 
Supreme  Court  affirmed  Sinclair's  three-month  sen- 
tence for  contempt  of  the  Senate  Public  Land  and 
Surveys  Committee  and  on  June  4,  it  affirmed  his  six- 
month  sentence  for  criminal  contempt  of  court.  On  May 
6,  1929,  Sinclair  went  to  jail. 

Shortly  after  the  judge  declared  a  mistrial  in  the 
trial  of  Sinclair  and  Fall  on  the  conspiracy  charge, 
Roberts  and  Pomerene  sought  a  retrial.  Fall  was  ill  at  his 
home  in  El  Paso  and  gained  a  delay.   With  Sinclair 


standing  alone  before  the  court,  the  new  conspiracy  trial 
began  on  April  9,  1928. 

In  the  meantime,  the  Senate  Committee  on  Public 
Lands  and  Surveys  began  a  second  though  briefer  in- 
quiry into  Teapot  Dome  and  the  Continental  Trading 
Company.*'  Prompted  by  Paul  Y.  Anderson,  a  reporter 
for  the  St.  Louts  Post-Dispatch,  Senator  George  W.  Nor- 
ris  introduced  a  resolution  on  January  4,  1928,  ordering 
the  committee  to  trace  all  of  the  Liberty  Bonds  of  Con- 
tinental and  find  out  the  names  of  the  beneficiaries.** 
Fall  presumably  had  $233,000  of  the  original  investment 
of  about  $3,080,000  but  who  held  the  other  $2,747,000? 
Without  debate  or  a  dissenting  vote,  the  Senate  adopted 
Norris'  resolution  and  on  January  24,  1928,  the  commit- 
tee swung  Teapot  Dome  back  into  the  glare  of  public 
scrutiny.  The  chairman  of  the  committee  was  Senator 
Gerald  P.  Nye,  Republican  of  North  Dakota,  and  once 
again  Walsh  was  the  prosecutor. 

The  first  witness,  M.  T.  Everhart,  son-in-law  of  Fall, 
admitted  that  in  May,  1922,  in  Washington  and  New 
York,  Sinclair  delivered  to  him  $233,000  in  Liberty 
Bonds,  all  of  which  went  to  Fall.**  In  addition,  Sinclair 
later  "loaned"  Fall  an  additional  $36,000.  These 
amounts  of  money  plus  those  previously  uncovered  by 
the  Senate  Committee  made  Sinclair's  contribution  to 
Fall  about  $304,000.  Counting  the  loan  of  $100,000  plus 
an  additional  $5,000  from  Doheny  meant  Fall  had  re- 
ceived at  least  $409,000  from  Sinclair  and  Doheny.  On 
February  2,  Colonel  R.  W.  Stewart  of  Standard  of  In- 
diana refused  to  tell  anything  about  the  disposition  of 
the  $3,000,000  profit  of  Continental.  He  declared  that 
he  got  none  of  it  and  had  nothing  to  do  with  the  distri- 
bution.'" 

Some  of  the  pressures  and  publicity  shifted  to  the 
leaders  of  the  Republican  Party  on  February  11,  1928, 
when  the  Senate  Committee  received  a  report  that 
$24,000  of  Continental's  profits  had  helped  to  wipe  out 
part  of  the  Republican  campaign  deficit  of  1920. 
Naturally,  Will  Hays,  the  1920  Republican  National 
Chairman,  immediately  denied  any  knowledge  of  it. 
John  T.  Adams,  Republican  Chairman  from  1921  to 
1924,  also  claimed  he  knew  absolutely  nothing  of  any 
Continental  bonds.  In  February,  there  was  evidence  that 
Blackmer  had  deposited  $300,000  in  Liberty  Bonds  to 
the  credit  of  the  Republican  National  Committee,  most- 
ly in  the  Chase  National  Bank  in  November  and  Decem- 
ber, 1923."  In  March,  Will  Hays  finally  testified  that 
Sinclair  had  given  him  $260,000  for  the  Republican 
campaign  fund.  Of  this  amount,  $100,000  was  later 
returned  to  Sinclair.'^ 

In  a  letter  to  Walsh  on  March  10,  1928,  Secretary  of 
the  Treasury  Andrew  Mellon  said  that  late  in  the  fall  of 
1923,  he  had  received  $50,000  in  Liberty  Bonds  from 
Will  Hays,  who  had  accepted  them  from  Sinclair. '^  Hays 
wanted  Mellon  to  keep  the  bonds  and  turn  an  equal 
amount  of  cash  over  to  the  Republican  National  Com- 


mittee which  Mellon  refused  to  do.  He  returned  the 
bonds  and  made  a  $50,000  contribution  of  his  own 
funds  to  the  deficit.  William  M.  Butler,  the  current 
Republican  chairman,  also  testified  that  in  1923  Hays 
offered  him  $25,000  in  bonds  in  return  for  cash  but 
Butler,  like  Mellon,  refused.'"  Senator  Borah  was  so 
outraged  by  the  Continental  bonds  given  to  the  Repub- 
lican party  that  he  launched  a  movement  to  raise  con- 
tributions of  $1,000  and  up  to  repay  Sinclair  and  clear 
the  party  of  this  stigma.'^  All  he  could  raise  by  March  30 
was  about  $8,000  so  he  returned  the  money  to  con- 
tributors. 

The  Continental  Trading  Company  inquiry  never 
reached  the  intensity  of  the  1924  investigation. 
However,  by  the  last  of  April,  the  Senate  Committee 
had  determined  that  $769,000  of  Continental's  profit 
had  gone  to  Henry  Blackmer;  about  $800,000  to  James 
O'Neil;  $759,500  to  Colonel  Stewart  (who  had  turned 
over  his  share  plus  $38,000  in  interest  to  the  Sinclair 
Crude  Oil  Purchasing  Company);  $160,000  to  Will  Hays 
to  help  pay  off  the  Republican  deficit;  $233,000  to 
Albert  Fall  and  $757,000  to  Sinclair  (who  had  recently 
turned  over  his  share  plus  $142,000  in  interest  to  the 
Sinclair  Crude  Oil  Purchasing  Company).'* 

The  Senate  Committee  met  briefly  on  May  31  for 
the  last  time  and  the  investigation  of  Teapot  Dome  came 
to  an  end.  Before  adjourning,  Walsh  and  Nye  submitted 
separate  reports  on  the  Continental  inquiry  to  the 
Senate."  In  his  report,  Walsh  did  not  mince  words 
about  the  organizers  of  Continental.  His  remarks  about 
Will  Hays,  Andrew  Mellon  and  Sinclair  were  acrid.  Ac- 
cording to  Walsh,  the  Continental  Trading  Company 
"was  a  contemptible  private  steal,  the  speculations  of 
trusted  officers  of  great  industrial  houses,  pilfering  from 
their  own  companies,  robbing  their  own  stockhold- 
ers. .  .  ."  According  to  Nye's  report,  the  Senate  investi- 
gation had  "uncovered  the  slimiest  of  slimy  trails  beaten 
by  privilege.  ...  It  is  a  trail  of  dishonesty,  greed,  viola- 
tion of  the  law,  secrecy,  concealment,  evasion,  falsehood 
and  cunning." 

The  expense  of  the  Continental  inquiry,  which  had 
resulted  in  the  recovery  for  the  government  slightly  in 
excess  of  $2,000,000,  with  the  prospect  of  getting  more, 
had  been  $14,165.'*  The  hearings  of  the  Committee  on 
the  Continental  Trading  Company,  which  ended  on 
May  31,  1928,  were  published  in  one  volume,  consisting 
of  1,307  pages. 

As  the  hearings  of  the  Senate  Committee  came  to  an 
end,  the  Federal  District  Court  at  Cheyenne  made  an 
accounting  in  the  case  against  Mammoth  at  Teapot 
Dome.  Final  judgment  was  entered  on  August  17,  1928, 
and  Mammoth  was  ordered  to  pay  the  U.S. 
$2,294,597.74  for  1,430,024.7  barrels  of  crude  oil  taken 
from  Teapot  Dome  to  which  it  was  not  legally  entitled.'* 
Since  Mammoth  was  unable  to  pay,  the  government 
filed  suit   against  the  Sinclair  Crude   Oil   Purchasing 

25 


Company  for  $2,294,597.74  plus  7  per  cent  interest  as 
the  purchaser  of  the  oil  from  Mammoth.  This  was  not- 
withstanding the  fact  that  Sinclair  Crude  Oil  Purchasing 
had  already  made  full  payment  to  Mammoth.  The  gov- 
ernment also  claimed  title  to  17  storage  tanks  each  with 
a  capacity  of  75,000  barrels  and  equipment  which  had 
been  erected  and  paid  for  by  Sinclair  Crude  Oil  Pur- 
chasing on  Teapot  Dome.  Before  the  case  came  to  trial 
Sinclair  Oil  Purchasing  and  the  government  reached  an 
agreement  under  which  the  government  agreed  to  pay 
the  company  $170,000  for  the  17  steel  storage  tanks 
while  the  company  agreed  to  pay  $2,906,484.32  for  the 
oil  and  all  expenses  of  the  litigation. 

After  the  cancellation  of  the  Elk  Hills  Reserve  the 
government  collected  $34,981,449.62  from  Doheny  for 
the  oil  drilled  and  taken  from  the  reserve.*" 

Beginning  on  April  10,  1928,  while  the  Continental 
hearing  neared  its  climax,  Sinclair  went  on  trial  for  con- 
spiracy to  defraud  the  government  in  the  District  of  Col- 
umbia Supreme  Court.  Fall  was  too  ill  to  stand  trial  but 
he  had  given  Pomerene  a  private  deposition  to  the  effect 
that  he  did  not  receive  one  cent  from  Sinclair  for  the 
Teapot  Dome  leases.  Sinclair's  trial  lasted  less  than  two 
weeks  and  the  jury  acquitted  Sinclair.*' 

The  U.S.  Supreme  Court  had  previously  nullified 
the  Teapot  Dome  lease  and  condemned  it  as  the  cul- 
mination of  a  conspiracy  between  Fall  and  Sinclair.  Now 
a  jury  had  acquitted  Sinclair  of  any  conspiracy  with  Fall. 
"The  acquittal  "  was  the  greatest  surprise  Washington 
had  had  in  years.  Roberts  and  Pomerene  were  "dumb- 
founded "  at  the  decision  and  sat  in  silence. 

On  October  7,  1929,  Fall  finally  appeared  for  trial 
in  a  District  of  Columbia  court  on  the  charge  of  accept- 
ing a  bribe  from  Doheny.  On  October  23  the  jury  found 
him  guilty  but  recommended  leniency.  He  was  frail  in 
health  and  emaciated  in  appearance.  In  view  of  his 
physical  condition  the  judge  sentenced  him  to  a  year  in 
prison  and  fined  him  $100,000.  Fall  appealed  but  the 
District  of  Columbia  Appellate  Court  upheld  the 
sentence  and  the  U.S.  Supreme  Court  refused  to  review 
his  case.  Since  Fall  suffered  from  chronic  tuberculosis, 
he  was  allowed  to  serve  his  term  in  an  agreeable  climate 
at  the  New  Mexico  State  Prison  in  the  high  country  near 
Santa  Fe.  On  July  20,  1931,  he  entered  the  prison.  It  was 
the  first  time  in  American  history  that  a  Cabinet  officer 
had  been  convicted  of  a  felony  and  served  a  prison 
sentence."^ 

After  a  brief  trial  in  March,  1930,  a  jury  in  the  same 
District  of  Columbia  court  found  Doheny  not  guilty  of 
bribing  Fall.*^  Senator  George  W.  Norris  had  earlier 
said  that  "it  is  impossible  to  convict  a  hundred  million 
dollars  in  the  U.S."  In  view  of  Sinclair  and  Doheny's  ac- 
quittal Fail's  conviction  seemed  an  injustice  at  its  worst. 

Teapot  Dome's  legal  history  ended  with  the  Fall  and 
Doheny  verdicts.  Thereafter,  Fall,  broken  in  spirit  and 
health  and  without  money,  withered  and  brooded  for  13 
26 


years.  On  May  9,  1932,  he  left  the  Santa  Fe  prison  after 
serving  nine  months  and  nineteen  days  of  his  sentence, 
most  of  it  in  the  prison  hospital.  He  had  not  paid  and 
would  never  pay  the  $100,000  fine.  Agents  of  the  De- 
partment of  Justice  investigated  and  found  he  was 
unable  to  pay  it.  Fall  was  virtually  penniless  by  the  time 
he  entered  prison.  The  Department  of  Justice  petitioned 
the  Court  to  amend  his  commitment  and  allow  him  to 
go  free  without  paying  the  $100,000."" 

Three  years  after  his  release,  a  reporter  who  visited 
him  found  Fall  a  pathetic,  broken  old  man.  In  1925, 
through  foreclosure,  he  had  lost  his  great  700,000-acre 
ranch  at  Three  Rivers. 

After  Fall's  release  from  prison,  Mrs.  Fall  earned 
money  operating  a  store  in  Three  Rivers,  a  restaurant  in 
El  Paso  and  by  home  canning  fruits  and  vegetables. 
After  being  evicted  from  Three  Rivers  ranch,  the  Falls 
lived  in  their  home  in  El  Paso.  It  was  a  pretty  shabby 
place.  In  time.  Fall  became  permanently  hospitalized. 
On  November  30,  1944,  while  he  was  reading  his  heart 
stopped.  Mrs.  Fall  already  had  died  in  March,  1943. 


1.  Burt  Noggle,  Teapot  Dome:  Oil  and  Politics  in  the  1920's. 
(Baton  Rouge:  Louisiana  State  University  Press,  1962),  (New 
York:  W.  W.  Norton  and  Company,  Inc.,  1965.),  p.  144. 

2.  The  New  York  Times.  November  25,  1973;  The  Washington 
Post,  June  17,  1977. 

3.  The  New  York  Times,  June  22,  1977. 

4.  "Report  of  the  Secretary  of  the  Navy  for  1864,"  House  Executive 
Document  No.  1,  38th  Cong.  2nd.  Sess..  p.  1096.  (Washington: 
Government  Printing  Office,  1864)  "Report  of  the  Secretary  of 
the  Navy  for  1867."  House  Executive  Document  No.  1,  40th 
Cong.  2nd.  Sess.  pp.  173-175;  The  Venango  Spectator, 
(Franklin,  Pa.),  June  28,  1867;  The  Titusvilte  Herald  {Va.).  ]u\y 
10,  1867.  Giddens,  Pennsylvania  Petroleum  1750-1872:  A  Doc- 
umentary History,  (Titusville:  Pennsylvania  Historical  and 
Museum  Commission,  1947).  pp.  252-253,  317-325.  Giddens. 
"When  Oil  Joined'  the  Navy,"  The  Orange  Disc.  (Gulf  Oil's 
magazine).  September-October,  1945,  pp.  2-7. 

5.  Reginald  W.  Ragland,  A  History  of  the  Naval  Petroleum  Re- 
serves And  Of  The  Development  Of  The  Present  National 
Policy  Respecting  Them,  (Los  Angeles,  California:  n.p.,  1944, 
pp.  20-21). 

6.  Secretary  of  the  Interior,  P.  A.  Ballinger  to  President  Taft,  Sep- 
tember 17,  1909.  Ragland,  p.  24. 

7.  Ragland,  pp.  27-36. 

8.  Giddens.  "When  Oil  Joined'  the  Navy,"  p.  6. 

9.  Ibid.,  p.  7, 

10.  Ibtd. 

11.  Ragland,  pp.  73-74. 

12.  Giddens.  "When  Oil  Joined'  the  Navy,"  p.  7. 

13.  Ragland,  pp.  39-40. 

14.  Ibid  .  pp.  40-42. 

15.  Ibid.,  pp.  42-47. 

16.  Ragland,  p.  103;  Leases  Upon  Naval  Oil  Reserves,  Hearings 
Before  the  Committee  on  Public  Lands  and  Surveys,  United 
States  Senate  Pursuant  to  S.  Resol.  282,  S.  Resol.  294,  and  S. 
Resol.  4i4,  67th  Cong.  3  Vols.,  (Washington:  Government 
Printing  Office,  1924)  I.  pp.  933,  1213. 

17.  Ragland,  pp.  47-49. 


18.  Ibid.,  pp.  60-82.  55. 

19.  Leases  Upon  Naval  Oil  Reserves,  I,  pp.  177-178.  56. 

20.  M.  R.  Wemer  and  John  Starr,  Teapot  Dome,  (New  York:  Vik- 
ing Press,  1959)  p.  46.  57. 

21.  Noggle,  p.  20.  58. 

22.  Ibid.,  p.  35. 

23.  Ragland,  pp.  135-136. 

24.  Noggle,  p.  35. 

25.  Ibid.,  p.  36.  59. 

26.  Ragland,  p.  143.  Leases  Upon  Naval  Oil  Reserves,  I,  pp. 
296-298  gives  the  contract  in  full. 

27.  Werner  and  Starr,  pp.  47-48. 

28.  Noggle,  pp.  39-40.  60. 

29.  Ibid.,  p.  42.  61. 

30.  Ibid.,  p.  48.  62. 

31.  See  Leases  Upon  Naval  Oil  Reserves,  I,  for  Harding's  Letter  of  63. 
Transmittal,  June  7,  1922,  and  Fall's  comprehensive  report  on 

the  Naval  Reserve  Oil  Leases,  June  3,  1922,  pp.  24-69.  64. 

32.  Noggle,  p.  51.  For  the  Wall  Street  Journal  reference  to  the  ex-  65. 
tension  of  the  contract  of  December  11,  1922,  see  Leases  Upon  66. 
Naval  Oil  Reserves,  I,  pp.  413-416.  67. 

33.  Noggle,  pp.  65-56. 

34.  Ibid.,  p.  57.  68. 

35.  Ibid.,  p.  62.  69. 

36.  Leases  Upon  Naval  Oil  Reserves,  I,  p.  175. 

37.  Ibid.,  I,  pp.  175-282  for  the  testimony  of  Secretary  Albert  B.  70. 
Fall;  pp.  282-309  and  363-390  for  the  testimony  of  Secretary  Ed- 

vifin  Denby;  pp.  405-421  for  the  testimony  of  Edvfard  C.  Finney,  71. 

First    Assistant    Secretary,    Department    of   the    Interior;    pp.  72. 

421-436  and  467-471  and  1017  for  the  testimony  of  Harry  F.  73. 

Sinclair,  President  of  the  Mammoth  Oil  Co.,  New  'York  City.  74. 

38.  Ibid.,  I,  pp.  830-843,  890-893  for  the  testimony  of  Carl  Magee.  75. 

39.  Ibid.,  I,  pp.  869-890  for  the  testimony  of  J.  T.  Johnson.  76. 

40.  Ibid.,  I,  pp.  1017-1039  for  the  testimony  of  G.  D.  'Wahlberg,  ac-  77. 
countant  and  auditor  for  Sinclair. 

41.  Ibid.,  I,  p.  1432. 

42.  Ibid.,  I,  pp.  1453,  1545. 

43.  Ibid.,  I,  p.  1699. 

44.  Ibid.,  I,  pp.  1771-1772. 

45.  Ibid.,  I,  pp.  1919-1935. 

46.  Ragland,  pp.  149151.  78. 

47.  Noggle,  pp.  83-84. 

48.  Leases  Upon  Naval  Oil  Reserves,  I,  p.  1931.  79 

49.  Noggle,  pp.  86-87.  80 

50.  Leases  Upon  Naval  Oil  Reserves,  I,  pp.  1936-1940.  81 

51.  Noggle,  p.  108.  82 

52.  Ibid.,  p.  110.  83 

53.  Paul  H.  Giddens,  Standard  Oil  Company  (Indiana):  Oil  Pioneer  84 
of  the  Middle  West,  pp.  361-362. 

54.  Leases  Upon  Naval  Oil  Reserves,  III,  pp.  2894-2900;  Robert  L. 
Owen,  Remarkable  Experiences  of  H.  F.  Sinclair  With  His  Gov- 
ernment: Some  Dangerous  Precedents,  (n.p.  1929.) 


Noggle,  p.  145. 

Leases  Upon  Naval  Oil  Resemes,  Senate  Report  No.  794,  dated 
June  6,  1924. 
Noggle,  p.  154. 

Leases  Upon  Naval  Oil  Reserves,  Senate  Report  No.  794,  Part 
2,  dated  June  6,  1924.  Also  see.  Leases  Upon  Naval  Oil  Re- 
serves, Senate  Report  No.  794,  Part  3,  dated  January  15,  1925, 
called  Supplemental  Minority  Views. 

Giddens,   Standard  Oil  Company  (Indiana),   226-234;   Leases 
Upon  Naval  Oil  Reserves  (Continental  Trading  Company,  Ltd., 
of  Canada),  January  24  to  May  31,  1928,  (Washington:  Govern- 
ment Printing  Office,  1929). 
Giddens,  pp.  362-364. 

Noggle,  p.  182;  U.S.  v.  Pan-Am.,  6  F.  2d  43-89. 
Noggle,  p.  183. 

Giddens,   Standard   Oil  Company   (Indiana),   p.   366;   U.S.  v. 
Mammoth  Oil  Co.,  et  al.,  5  F.  2d  330-54. 
Giddens,  Standard  Oil  Company  (Indiana),  pp.  366-367. 
Noggle,  p.  185. 
Ibid.,  p.  185. 

Leases  Upon  Naval  Oil  Reserves,   (Continental  Trading  Com- 
pany, Ltd.,  of  Canada),  January  24  to  May  31,  1928. 
Giddens,  Standard  Oil  Company  (Indiana),  pp.  367-368. 
Leases  Upon  Naval  Oil  Resemes,   (Continental  Trading  Com- 
pany, Ltd.,  of  Canada),  pp.  48-68,  74. 

Leases  Upon  Naval  Oil  Reserves,  (Continental  Trading  Com- 
pany, Ltd.,  of  Canada),  pp.  164-198. 

pp.  357-416. 

pp.  459-481,  577-614. 

pp.  549-572. 

pp.  572-577. 

e,  pp.  193-195. 

p.  197. 

For  Walsh's  Report  for  the  Committee,  Senate  Report  No 
1326,  70th  Cong.  1st  Sess.,  "Investigation  of  Activities  of  Con 
tinental  Trading  Co."  see  Leases  Upon  Naval  Oil  Reserves  (Con 
tinental  Trading  Company,  Ltd.,  of  Canada),  pp.  11711183 
for  Nye's  "Supplemental  Report,  "  Senate  Report  1326,  Part  2 
Leases  Upon  Naval  Oil  Reserves  (Continental  Trading  Com 
pany,  Ltd.,  of  Canada),  70th  Cong.  1st  Sess.,  pp.  1185-1204. 
Walsh's  Report,  Leases  Upon  Naval  Oil  Reserves  (Continental 
Trading  Company,  Ltd.,  of  Canada),  p.  1183. 
Giddens,  Standard  Oil  Company  (Indiana),  p 
Wemer  and  Starr,  p.  296. 
Noggle,  p.  201. 
Werner  and  Starr, 
Noggle,  p.  211. 
Ibid.,  p.  214. 


Ibid., 
Ibid., 
Ibid., 
Ibid. 


Ibid. 


400. 


290. 


All  the  Ne^w^s 
That's  Fit 

to  Chuckle  Over 

Neivspaper  Humor  in  the  Old  West 

By  Robert  G.  Keller 


Today's  newspapers,  even  the  tabloids,  are  pretty 
staid  by  comparison  with  those  of  yesteryear.  In  the  19th 
Century  papers  were  more  salty,  more  idiosyncratic. 
Objectivity  was  not  particularly  important,  so  the  pages 
were  enlivened  with  the  personalities,  crotchets  and  the 
sense  of  humor  of  the  editors  and  reporters. 

That  was  especially  true  of  papers  in  the  west.  Fron- 
tier journalists  were  not  only  as  independent  and  ornery 
as  any  dusty  cowpoke  or  grizzled  miner;  they  were  just  as 
funny,  too.  The  rigors  of  existence  on  the  Great  Plains 
seemed  to  stimulate  the  comic  sense. 

In  doing  research  for  a  historical  novel  set  in  Wyo- 
ming, I  recently  had  occasion  to  read  about  five  year's 
worth  of  the  Cheyenne  Daily  Leader  from  the  1880's.  To 
my  surprise,  the  job,  though  time-consuming,  was  any- 
thing but  boring.  The  paper  was  by  turns  informative, 
feisty  and  funny.  What  follows  are  some  examples  of  its 
humor,  which  besides  being  amusing  could  also  be 
remarkably  sophisticated,  even  by  our  own  standards. 

The  humor  took  many  forms.  Sometimes  the  news 
items  selected  were  intrinsically  funny  by  themselves. 
Here  are  several  such  snippets: 

It  is  reported  by  a  fairly  reliable  source  that  a  widow  in 
Oakland,  California,  has  sued  a  newspaper  for  libel  be- 
cause in  its  obituary  notice  of  her  husband,  it  spoke  of  his 
having  gone  to  a  happier  home.' 

Dueling  may  be  a  barbarous  practice,  but  it  does  not 
seem  a  very  dangerous  one  — at  least  in  France,  where  the 
mortality  is  shown  by  statistics  to  be  in  the  ratio  of  one  to 
1,700. 

28 


An  Eastern  paper  concludes  an  editorial  in  support  of 
the  movement  against  the  use  of  slang  by  hoping  that  'this 
movement  will  spread  until  the  whole  slang  business  is 
paralyzed.' 

My  personal  favorite  of  this  type  concerns  an 
organization  in  Portland,  Maine,  called  the  "Idle  Sons 
of  Rest."  The  charter  of  this  "ancient  order"  allegedly 
provided  that  anyone  caught  working  would  be  ex- 
pelled, and  the  statement  below  by  one  of  its  members 
may  be  apocryphal,  but  the  Leader  claims  to  have  taken 
it  directly  from  the  pages  of  the  Boston  Globe: 

We  sorta  made  one  feller  president,  but  he  said  we 
made  him  tired;  then  we  'lected  a  secretary,  an'  he  went  to 
taking  notes,  so  we  voted  to  expel  him.  He  was  working, 
you  see,  and  the  idea  was  to  have  an  order  that  didn't  do 
any  work.  Finally  we  'lected  a  treasurer,  and  he  said  it  was 
all  right  — if  we'd  make  our  own  change  and  put  the  exact 
amount  in  his  pocket.  He  was  just  the  man  we  wanted.  .  .  . 
More  often  than  not,  though,  the  news  took  on  its 
comic  aspect,  not  from  what  was  reported  but  from  an 
editorial  remark  that  followed: 

A  young  man  in  New  Orleans  took  his  lady  love  to  the 
theater  the  other  night  and  fell  dead  in  his  seat.  But  young 
men  will  keep  on  taking  their  lady  loves  to  the  theater  just 
the  same  as  if  this  hadn't  happened. 

Watermelons  are  getting  so  cheap  that  a  first  class 
stomach  ache  is  now  in  reach  of  the  most  indigent. 

The  Duke  of  Richmond  .  .  .  was  shot  in  the  knee  the 
other  day  while  hunting  in  Enzie  Woods,  Speyside,  by  one 
of  his  party.  His  grace  was  stunned  by  the  shot,  but  is  now 
in  a  fair  way  of  recovery.  One  of  the  bearers  was,  at  the 
same  time,  also  shot  and  rendered  insensible.  In  fact,  the 


only  thing  that  escaped  being  shot  on  the  occasion  of  this 
famous  hunt  was  the  game. 

Professor  Proctor  figures  that  the  earth  is  shrinking 
about  two  inches  a  year.  That  accounts  for  the  nervous 
anxiety  manifested  by  some  people  to  possess  it  while  it  is 
some  size. 

Nitroglycerine  will  cure  angina  pectoris,  whatever  that 
is;  it  will  also  cure  a  haunted  house  if  properly  applied. 

The  body  of  the  fashion  editor  of  the  Brooklyn  Citizen 
was  found  floating  in  the  East  River  the  other  day.  The  new 
style  of  stiff  hats  probably  overturned  his  reason. 

It  is  not  astonishing  that  the  sea  serpent  should  be  visi- 
ble at  summer  resorts,  but  it  is  rather  strange  that  its 
favorite  haunt  should  be  the  coast  of  Maine,  notwithstand- 
ing the  prohibition  laws  in  full  force  in  that  state. 

This  is  the  wedding  day  of  the  [German]  Princess  Bea- 
trice.   Circumstances    over    which    we    have    no    control 
preclude  the  possibility  of  our  attending  the  ceremony.  The 
affair  will  probably  go  off  all  right,  however. 
Then  as  now  newspapermen  had  certain  targets  that 
they  tended  to  devote  more  attention  to  than  others. 
PoHticians  of  course  were  always  a  staple. 

Senator  Blackburn  of  Kentucky  undertook  to  give 
President  Cleveland  a  piece  of  his  mind  but  couldn't  deliver 
the  goods  for  obvious  reasons. 

There  is  no  truth  in  the  report  that  the  Congressional 
Record  is  to  be  used  by  the  signal  service  bureau  for  the 
measurement  of  wind. 

An  exchange  says:  The  Republican  Party  is  not  dead. 
That's  what  a  tramp  once  said  about  his  feet,  but  the^ 
were  odorous  evidences  that  he  was  mistaken. 

Congress  has  accomplished  something  this  session:  one 
Senator  and  three  Representatives  have  died  so  far. 


Lawyers  got  their  share  of  knocks  too,  as  the  follow- 
ing selections  illustrate: 

There  are  11,000  lawyers  in  the  state  of  New  York. 
What  an  appalling  state  to  be  in. 

When  the  angel  Gabriel  blows  his  horn,  a  vast  army  of 
lawyers  will  rise  up  and  from  sheer  force  of  habit  move  for  a 
continuance  of  the  cases  before  the  court. 

Four  sheep,  a  hog  and  ten  bushels  of  wheat  settled  an 
Iowa  breach  of  promise  suit  where  |25,000  damages  were 
demanded.  The  lawyers  got  all  but  the  hog,  which  died 
before  they  could  drive  it  away. 

Jay  Gould,  the  notorious  robber  baron,  was  a 
favorite  subject  for  satirical  comment,  too. 

For  six  consecutive  Sundays  Jay  Gould  has  attended 
church,  and  the  New  Yorkers  who  are  keeping  tab  on  him 
are  prepared  for  almost  anything  in  the  way  of  deviltry 
from  this  time  on. 

The  book  on  railroad  management  which  Jay  Gould  is 
said  to  be  writing  would  be  vastly  more  interesting  were  it 
to  contain  all  that  is  certain  to  be  left  out  of  it. 

If  Jay  Gould  visits  Austria,  the  emperor  can  do  no  less, 
in  recognition  of  his  merits,  than  make  him  a  Knight  of  the 
Golden  Fleece.  As  a  fleecer,  Jay  has  always  been  a  great 
success. 

If  writers  lampooned  the  plutocrats,  though,  they 
could  be  just  as  hard  on  the  anarchists  and  other 
radicals. 

They  found  dynamite,  a  rusty  file  and  an  old  revolver 
in  the  anarchist  newspaper  office  in  Chicago,  but  no  trace 
could  be  found  of  the  office  towel. 

Herr  Most  [a  German  anarchist]  professes  himself  will- 
ing to  die  for  the  cause  of  anarchy.  He  should  cheerfully  be 


29 


accorded  the  privilege,  but  the  probability  is  that  he  would 
again  seek  refuge  under  some  convenient  bed. 

There  was  no  need  for  Henry  George  to  start  an  "Anti- 
Poverty  Society"  so  long  as  he  can  lecture  at  the  rate  of  $300 
a  night. 

Finally,  there  were  also  constant  jibes  at  cornet 
players,  greenhorns  and  England's  poet  laureate,  Alfred 
Lord  Tennyson.  That  the  last  two  should  have  been 
picked  on  is  fairly  easy  to  understand,  but  it  is  less  clear 
why  cornet  players  were  chosen  as  a  recurrent  butt.  Yet 
they  seem  to  have  been  regarded  much  the  same  as 
lunatics  or  lepers. 

The  fact  has  leaked  out  that  the  Czar  is  an  amateur 
cornet  player.  This  may  in  measure  explain  the  enmity  of 
the  nihilists  and  other  hysterical  people  toward  him. 
For   the   frontier  journalists,    the   world   was   their 
oyster  ...  to  gag  on.  However,  that  didn't  mean  that 
they  overlooked  their  own  immediate  locale.  Few  local 
antics  escaped  their  sharp  pens,  as  these  excerpts  from 
the  Leader  show: 

The  two  tramps  that  were  arrested  on  the  train  today 
claimed  to  be  escaped  New  York  baseball  umpires.  This 
was  probably  true,  as  neither  knew  anything  about  the 
game  and  were  domineering  and  abusive  to  their  fellow 
passengers. 

While  on  their  way  from  Fort  Washakie  to  the  Na- 
tional   Park    [Yellowstone],    President    Arthur   and   party 


came  to  a  lonely  cabin  on  the  summit  of  a  desolate  ridge. 
On  the  lid  of  a  cracker  box  nailed  above  the  door  appeared 
the  following:  'Ten  miles  from  water,  twenty  miles  from 
timber,  and  no  grub  in  the  house.  God  bless  our  home.' 

The  Laramie  Boomerang  had  an  article  Thursday 
reporting  the  murder  of  Officer  Winn  of  this  city,  which  is 
another  evidence  that  one  should  go  away  from  home  to 
hear  the  news.  Winn  doesn't  believe  he  has  been  killed,  but 
some  men  are  very  stubborn  that  way. 

The  Sioux  Indians  are  reported  as  having  organized  a 
brass  band,  thus  preserving  even  in  civilization  the 
aboriginal  instinct  which  delights  in  torture. 

The  most  notable  event  of  yesterday  in  the  campaign 
against  the  Ute  Indians,  says  the  Denver  Republican,  was 
when  Private  Flannigan  was  ambushed  by  his  mule. 
At  times  an  entire  column  was  filled  with  some  com- 
ic tale  of  local  foibles.  Here  are  several  such  longer  ac- 
counts: 

This  time  it  is  a  soldier.  He  had  just  received  his  quarterly 
pay.  and  was  somewhat  bewildered  while  on  his  way  back 
to  the  post.  In  his  dilemma  he  took  a  street  car  and  stood 
out  on  the  rear  platform  admiring  the  open  air.  Suddenly 
the  car  stopped  and  the  old  vet  fell  headlong  onto  the 
street.  The  passengers  and  driver  hurried  out  to  pick  him 
up,  expecting  to  find  him  hurt  and  bruised.  But  he  arose 
slowly  unaided  and,  addressing  the  driver  with  great  digni- 
ty, he  asked: 

'Been  elision?' 

'Oh,  no,'  replied  the  driver. 

'Wagon  broke  down?' 

'No.' 

'Axshident  'fany  kind?' 

'None  at  all.' 

'Well,  'fide  known  that  I  wouldn't  got  off.' 

Andy  Casservan  was  in  the  city  yesterday,  and  he  and 
General  Jack  Meldrum  were  laughing  over  an  incident 
which  occurred  once  in  Rawlins  when  Meldrum  was  clerk 
of  a  court  there.  Casservan  had  been  summoned  as  a  juror, 
and  Sheriff  Rankin  had  handed  the  names  [of  the 
veniremen]  in  his  own  classic  chirography.  Those  who  are 
familiar  with  Rankin's  handwriting  say  that  when  he  is  in  a 
hurry  it  is  terrific,  being  a  cross  between  a  streak  of  zigzag 
lightning  and  the  ground  plan  of  a  worm  fence  with  some 
mock-orange  hedges  and  a  stone  wall  thrown  in.  When 
Meldrum,  as  clerk,  began  to  call  the  names  of  the  jurors,  he 
worried  along  until  he  got  to  the  name  of  Casservan.  That 
gentleman  was  in  court,  but  he  didn't  recognize  his 
cognomen  as  called  by  the  clerk,  and  it  seems  that  the  clerk 
didn't  recognize  it  as  written  by  the  sheriff  for  he  called 
'Mr.  Crosscrown,'  and  receiving  no  reply  made  another  in- 
vestigation and  then  called  'Mr.  Goodpasture.'  That  didn't 
seem  to  fit  anyone  present  either,  and  with  desperation  he 
investigated  some  more  and  concluded  that  'Mr.  Casegravy' 
was  the  man  he  wanted.  Mr.  Casegravy  not  materializing, 
the  clerk  wiped  his  brow,  and  with  a  mighty  effort  yelled 
for  Coshocton,  Constantinoble,  Cucumber,  Cassawary  and 
so  on,  until  his  voice  sunk  to  a  whisper  and  he  fell  in  his  seat 
exhausted.  Officers  finally  brought  him  around,  and  the 
sheriff  was  called  upon  to  interpret  the  name.  He  gave  it  as 
his  opinion  that  Casservan  was  the  man  who  was  wanted  — 
in  fact  he  was  sure  that  Casservan  was  the  man,  but  he 
wasn't  sure  that  the  name  came  in  that  exact  place  on  the 
list,  but  nevertheless  he  went  away  muttering  something 
about  how  clerks  of  courts  should  be  qualified  to  read 
writing  before  being  chosen  for  such  offices. 


30 


Then  there  was  this  story  of  the  prominent 
Cheyenne  banker  who  took  a  trip  abroad,  in  the  course 
of  which  he  visited  the  Dead  Sea. 

When  Mr.  Dare  reached  the  famous  inland  sea.  he 
cautiously  approached  a  boatman  who  was  standing  on  the 
shore,  and  began  to  read  Arabic  to  him  out  of  a  three 
dollar  guide  book  he  had  purchased  in  Jerusalem.  The  an- 
cient mariner  stood,  listened  a  moment,  and  then  said  in  a 
tone  of  disgust:  'What's  s'matter  with  you?  Why  don't  you 
talk  United  States?' 

The  Cheyenne  man  concealed  his  chagrin  and  aston- 
ishment, and  said,  'So  this  is  the  Dead  Sea,  the  place  where 
our  Savior  walked  on  the  water.  I  suppose  you  know  the 
locality  where  he  walked?' 

'That's  what  I  do,  doctor,  and  I'll  take  you  out  there  in 
my  boat,  if  you  say  so.' 

'How  much  will  you  charge  to  take  me  to  the  exact 
spot?' 

'Well,  you  look  like  a  pretty  decent  sort  of  fellow,  I 
won't  charge  you  anything.' 

Mr.  Dare  was  greatly  surprised  to  encounter  such 
liberality  so  far  from  Wyoming,  but  stepped  into  the  boat 
and  was  rowed  about  a  mile  from  the  shore.  After  gazing 
around  for  a  few  minutes  and  seeing  nothing  remarkable 
about  the  place,  he  expressed  a  desire  to  return. 

'Charge  you  twenty  dollars  to  go  back,'  said  the  enter- 
prising follower  of  the  Savior's  footsteps. 

'But  I  thought  you  said  the  trip  would  cost  me 
nothing,'  remonstrated  the  pioneer. 

'Naw.  Nothing  to  come  out;  twenty  dollars  to  get 
back.' 

Mr.  Dare  handed  the  money-making  navigator  a  gold 
piece  but  remarked  in  deep  tones  of  disgust  as  he  did  so, 
'No  wonder  that  Jesus  got  out  and  hoofed  it.' 
Practical  jokes  were  an  especially  popular  form  of 
fun  among  cowboys  and  others  in  the  Old  West,  so'it  is 
not  surprising  to  find  accounts  of  such  tomfoolery  in  the 
newspapers,  too. 


Yesterday  morning  on  Sixteenth  Street  some  fellow 
who   was   most   outrageously   drunk   yet    able   to   waddle 
around  wanted  somebody  to  show  him  where  he  could  get 
another  drink.  He  was  too  drunk  to  read  signs,  and  writing 
was  altogether  out  of  the  question  with  him.  Ed  Kapp,  to 
whom  he  applied  first,  wrote  on  a  large  piece  of  paper  the 
words,  'Take  me  somewhere  else,'  and  giving  it  to  him,  sent 
him  down  to  Reynold's  barber  shop,  where  he  exhibited  his 
credentials.  It  was  a  small  favor  to  grant,  but  'Doc'  heeded 
the  request  and  took  him  down  to  the  corner  where  he 
pointed  out  to  him  the  next  victim.  He  in  turn  took  him  to 
somebody  else,  and  so  they  kept  passing  and  sending  the 
poor  fellow  around  from  one  saloon  and  shop  to  another  to 
the  immense  amusement  of  all  who  witnessed  the  fun.  At 
last  the  fellow,  who  for  a  long  time  took  this  passing  around 
business  to  be  a  great  favor  shown  him,  became  profoundly 
disgusted.  He  leaned  up  against  a  post  and  muttered  to 
himself,  'Damfino  how  this  is. 'Just  then  Policeman  Sullivan 
came  along,  and  the  fellow,  making  a  lurch  or  two  in  the 
middle  of  the  sidewalk,  showed  his  paper  to  the  officer. 
That  settled  it  with  him.  The  request.  Take  me  somewhere 
else,'    was    very    promptly    complied    with,    and    he    was 
marched  off  to  the  calaboose  amid  the  grins  of  a  good 
many  wags  who  had  been  watching  the  fellow. 
Occasionally  the  journalist's  humor  took  on  a  more 
biting  edge.  Comments  on  his  fellow  citizens  were  highly 
subjective  and  could  be  awfully  unflattering.  One  of  the 
more  notorious  of  the  local  madames  in  Cheyenne  was 
referred  to  as  "Helen,  the  soft -eyed  gazelle  of  fifty  sum- 
mers and  no  one  knows  how  many  winters."  Another 
woman  was  said  to  be  so  unprepossessing  that  the  sight 
of  her  face  would  "wean  a  calf."  But  it  wasn't  only  the 
distaff  side   that    received   such    animadversions.    One 
traveling  drummer  was  reported  to  be  so  ugly  that  "the 
dogs  die  from  exhaustion  after  barking  at  him,"  and 
another  man  was  "so  homely  that  the  reflection  of  his 
face  will  dent  a  new  milk  pan." 


31 


Rival  newspapermen  particularly  were  the  subject  of 
harsh  commentary.  Consider  these  remarks,  for  in- 
stance: 

Of  all  the  beastly,  outrageous,  disgusting,  unnatural, 
degenerate,  deformed,  ill-gotten,  misconceived,  unlawful, 
illegitimate,  diabolical,  hypocondriachal,  incongruous,  er- 
ratical,  nonsensical,  heterogenous,  heteroclitical,  dough- 
headed,  brain-spavined,  idiotic,  snidish,  incomprehensi- 
ble, conglomeration  of  typographical  bulls  ever  perpetrat- 
ed upon  an  innocent  and  unoffending  public,  the  inde- 
scribable mass  appearing  in  the  Boise  City  Republican 
takes  the  cake. 
Or  how  about  these? 

We  have  nothing  more  to  say  of  the  editor  of  the 
Sweetwater  Gazette.  Aside  from  the  fact  that  he  is  a  squint- 
eyed,  consumptive  liar,  with  a  breath  like  a  buzzard  and  a 
record  like  a  convict,  we  don't  know  anything  against  him. 
He  means  well  enough,  and  if  he  can  evade  the  peniten- 
tiary and  the  vigilance  committee  for  a  few  more  years, 
there  is  a  chance  for  him  to  end  his  life  in  a  natural  way.  If 
he  don't  tell  the  truth  a  little  more  plenty,  however,  the 
Green  River  people  will  rise  up  as  one  man  and  chum  him 
until  there  won't  be  anything  left  but  a  pair  of  suspenders 
and  a  wart. 

The  oddities  of  local  speech  were  also  grist  for  the 
newspaperman's  mill.  "I'm  gonna  mash  his  skull  clear  to 


the  spinal  meningitis,"  one  Cheyenne  citizen  was 
reported  to  have  said  of  another.  And  there  were  these 
comments  from  a  backwoodsman  who  saw  a  thermom- 
eter for  the  first  time: 

'Are  you  acquainted  with  these  machines?  I'll  own  up 
that  I  don't  know  a  dum  thing  about  them.  If  this  one  ever 
had  any  hands,  they're  gone  now  for  sure.  I  can't  find  any 
trigger,  and  if  an  alarm  goes  with  it,  I've  lost  it  on  the  road 
down  here.  The  keyhole,  if  there  ever  was  one,  must  be 
stopped  or  covered,  and  I'm  afraid  that  stuff  11  spoil  in  the 
glass  if  something  ain't  done  to  it.' 

Journalists  had  their  own  fun  with  the  English  lan- 
guage, too.  Like  the  one  who  told  of  the  elk  that  ran  in 
to  a  group  of  hunters  and,  "surprised  at  the  warmth  of 
his  reception  and  recollecting  a  prior  business  engage- 
ment, fled."  Or  the  one  who  described  a  "pugilistic  set- 
to,"  in  which  one  of  the  combatants  ".  .  .  had  his  nasal 
appendage  denuded  of  its  superficial  integuments."  The 
fighters  continued  to  ".  .  .  artistically  modify  each 
other's  physiognomy,  until  at  length  they  looked  on  the 
one  hand  like  a  promiscuous  chunk  of  raw  beef  and  on 
the  other  like  a  fatigued  remnant  of  a  decayed  pumpkin 
pie." 


32 


Puns  were  a  particularly  popular  form  of  humor. 

It  is  said  that  someone  has  invented  an  india  rubber 
horse  that  can  run.  He  ought  to  be  a  daisy  on  the  'back 
stretch.' 

The  Odd  Fellows  .  .  .  attended  the  funeral  of  Mrs. 
Henry  Dillman  in  a  body  yesterday  morning. 

It  is  said  that  Colonel  Tom  Ochiltree  will  shortly 
'blossom  out  as  a  lecturer.'  If  he  does,  it  won't  take  him 
long  to  go  to  seed. 

Finally,  the  newsman  sometimes  just  had  fun  for  its 
own  sake,  making  up  droll  stories  with  no  grounding  in 
fact  whatsoever,  and  inserting  them  as  fillers. 

Fogg  admitted  that  he  was  never  good  at  arithmetic. 
'There  was  my  sister,  for  instance.  When  we  were  children, 
she  was  five  years  older  than  me.  but  now  she  is  six  years 
younger.' 

Man  never  has  the  same  faith  in  the  eternal  fitness  of 
things  after  his  wife  has  made  him  a  shirt. 

'Where  do  you  expect  to  go  when  you  die?' 

'What's  that?  Do  I  look  like  a  tenderfoot?' 

'I  simply  asked  you,  my  erring  brother,  where  you 
think  you  will  go  when  you  die.' 

'Why  to  hell,  of  course.  Ask  me  some  harder  question.' 

It  is  time  to  be  reminded  of  the  old  joke  about  the 
Scotchman  who  was  caught  crawling  toward  a  neighbor's 
hen  roost.  'Where  are  ye  ganging,  mon?'  was  the  challenge. 
'Back  again,'  was  Sawney's  reply. 

'For  ten  years  past,'  said  the  new  boarder,  'my  habits 
have  been  regular  as  clockwork.  I  rose  at  the  stroke  of  six; 
half  an  hour  later  I  sat  down  to  breakfast;  at  seven  was  at 
work,  dined  at  twelve,  ate  supper  at  six,  and  was  in  bed  by 
nine-thirty,  ate  only  hearty  food,  and  hadn't  a  sick  day  in 
all  that  time.' 

'Dear  me,'  said  the  deacon  in  sympathetic  tones, 
'What  were  you  in  for?' 


And  there  was  this  one  about  a  dying  wife  who 
pleads  with  her  penurious  husband  to  grant  her  one  last 
favor,  that  is,  to  bury  her  in  Cleveland  where  she  was 
born  and  raised,  where  she  first  met  her  husband,  and 
where  they  spent  their  happiest  years  together: 

'But  there  will  be  considerable  expense  attached  to  it,'  he  com- 
plained. 

'Oh,  Robert!  I  will  never  rest  easy  in  my  grave  anywhere  else.' 

'Well,  Maggie,  I'll  tell  you  what  I'll  do.  I  don't  want  to  be  mean 
about  the  thing.  I'll  bury  you  here  first,  and  then,  if  I  notice  any  signs 
of  restlessness  on  your  part,  I'll  take  you  to  Cleveland  afterwards.' 

So  the  dead  hand  of  the  past  is  not  really  so  dead 
after  all,  and  our  Victorian  forebears  weren't  quite  as 
mirthless  as  we  may  sometimes  think.  Apparently  they 
could  laugh  just  as  well  as  the  rest  of  us. 


33 


WYOMING'S 
FIRST 
COAL 
RAILROAD 

By  Mel  McFarland 


''On  at  least  one  occasion  the 
train  stopped  and  backed  up 
more  than  a  mile  when  the 
conductor's  cap  blew  off  his 
head. " 


Today  trains  leave  the  coal  fields  near  Gillette,  Wyo- 
ming, on  an  average  of  one  per  half  hour,  loaded  with 
valuable  fuel  for  somewrhere  in  the  United  States  and  in 
a  few  years  it  is  expected  to  change  to  two  or  three  trains 
per  half  hour. 

One  hundred  years  ago  a  team  of  geologists  discov- 
ered marketable  amounts  of  coal  in  the  Bear  Lodge 
District  of  the  Black  Hills,  northeast  of  Gillette.  The 
coal  market  in  the  Black  Hills  in  the  1870's  was  growing 
quite  rapidly  because  the  large  gold  mines  and  reduc- 
tion mills  in  the  Lead-Deadwood  area  were  eager  to  find 
a  close  supply  of  coal.  Timber  was  too  valuable  to  bum 
as  it  was  being  harvested  for  mine  timbering  and  for 
buildings.  Three  companies  were  established,  staking 
claims  in  the  area  of  the  discovery,  each  with  its  own 
company  town.  The  largest  of  the  camps  was  Aladdin, 
named  for  the  character  in  the  Arabian  Nights.  Coal 
from  the  mines  was  hauled  directly  to  the  mills  and  to 
the  nearest  railroad  terminal,  Belle  Fourche,  South 
Dakota.  In  ten  years  the  demand  exceeded  shipping 
capacity. 

The  three  companies,  combined  under  the  Black 
Hills  Coal  Company,  set  about  to  build  a  railroad  be- 
tween the  mines  and  Belle  Fourche.  The  Chicago  and 
Northwestern  Railroad  had  made  a  preliminary  survey 
through  the  Black  Hills  at  about  the  time  of  the  coal  dis- 
covery while  searching  for  a  route  to  the  Tetons.  The 
road  was  constructed  to  Belle  Fourche,  but  a  more 
southerly  route  was  selected  to  the  western  gold  fields. 
Logically  the  new  railroad  followed  that  old  survey  and 
connected  with  the  C.&N.W.  at  Belle  Fourche. 

The  Wyoming  and  Missouri  River  Railroad  filed 
their  papers  of  incorporation  on  June  24,  1895.  Because 
the  route  was  all  downhill  from  the  mines,  a  small 
engine  was  all  that  the  railroad  needed.  A  slightly  used 
4-4-0  type  locomotive  was  purchased  along  with  an  an- 
cient passenger  car.  The  required  coal  cars  and  other 
types  of  cars  were  provided  by  the  C.&N.W.  The  larger 
road  also  agreed  to  help  get  construction  started  by  pro- 
viding some  of  the  supplies  for  construction.  A  flat  car 
and  a  hand  car  made  up  the  maintenance  equipment. 

A  small  crew  of  men,  including  miners  and  ranch- 
ers, worked  to  build  the  railroad  during  the  summer  of 
1898.  The  winters  in  the  area  are  long  and  severe  and 
nearly  all  construction  was  stopped. 

In  the  spring  of  1899  there  were  substantial  changes 
in  the  mines  at  Aladdin.  The  Kemmerer  brothers,  M.S. 
and  J.  L.  of  Pittsburgh,  Pennsylvania,  who  had  held  in- 
terests in  the  mines,  bought  the  controlling  interest  in 
the  mines,  as  well  as  the  railroad.  The  little  18 -mile  rail- 
road was  not  yet  finished,  but  with  warm  weather  and 
an  influx  of  more  money  it  was  quickly  completed.  Two 
small  gasoline  powered  railroad  motor  cars,  only  slightly 
larger  than  hand  cars,  were  added  to  the  railroad's 
equipment  list. 


S4 


Wyoming  and  Missouri  River  Railroad  locomotive  No.  1  arrives  at  the  Belle  Fourche  depot  pulling  the 
company's  only  passenger  car,  1900. 


One  of  the  road's  two  "din kys"  pulls  out  of  Aladdin  with  a  full  load  aboard. 


35 


Large  beef  shipments  were  sent  east  each  fall  from  Aladdin. 


Actual  construction  work  on  the  railroad  took  only 
eight  months.  A  small  yard  in  Belle  Fourche  connected 
with  the  yards  of  the  C.&N.W.  The  single  track,  stan- 
dard gauge  line  ran  through  the  low  rolling  hills  of 
South  Dakota  the  11  miles  to  the  Wyoming  line.  The 
seven  miles  to  Aladdin  were  a  bit  rougher.  It  took  32 
bridges,  averaging  60  feet  in  length,  and  14  feet  high,  to 
clear  the  numerous  crossings  of  the  stream  up  the  valley. 
It  was  determined  that  the  1881  vintage  56-pound  rail, 
which  was  purchased  used,  would  be  good  enough  for 
many  years.  The  small  yard  in  Aladdin  also  connected 
to  the  coal  mines.  A  single  train  running  to  Belle 
Fourche  and  back  made  any  passing  sidings  along  the 
way  unnecessary. 

The  first  coal  trains  ran  five  days  a  week,  which  was 
reduced  to  three  a  week  after  a  year.  A  train  was  run  on 
the  remaining  three  days  hauling  regular  freight  and 
passengers.  The  train  occasionally  consisted  of  only  the 
engine  and  the  43-foot  combination  passenger,  baggage 
and  caboose  car.  The  tiny  gas  motor  cars  were  used  to 
haul  mail,  milk,  express  and  passengers  when  there  was 
not  a  large  enough  load  going  east  for  the  "big"  train. 
Sunday  was  usually  the  only  day  there  was  no  train,  but 
in  the  spring  and  fall  the  train  was  rolled  out  for  an  oc- 
casional church  excursion. 

Life  on  the  railroad  was  very  informal.  The  regular 
employees,  who  never  numbered  more  than  20,  normal- 


ly held  other  jobs  in  the  mines  or  stores  in  Aladdin  and  a 
few  held  jobs  on  neighboring  ranches.  The  same  four- 
man  crew  ran  every  train  with  the  steam  engine.  No 
timetables  were  issued  and  the  crew  made  many  stops  as 
flagged.  On  at  least  one  occasion  the  train  stopped  and 
backed  up  more  than  a  mile  when  the  conductor's  cap 
blew  off  his  head.  The  unflustered  gentleman  com- 
pleted his  ticket  taking  before  he  told  the  engine  crew. 
The  cap  was  recovered  and  the  train  continued  on  its 
way. 

The  crew  often  carried  either  fishing  equipment  or 
guns  for  hunting.  The  train  could  be  seen  stopped  on 
one  of  the  railroad's  bridges  while  the  crew  fished  or  in  a 
grove  of  trees  while  they  hunted  or  picked  wild  berries 
along  the  way.  Local  farmers  regularly  rode  the  train 
into  Belle  Fourche  for  a  days'  shopping.  The  tracks  ran 
near  all  of  the  homes  in  the  valley. 

The  coal  mines  slowed  production  after  the  turn  of 
the  century  and  no  others  were  explored.  Coal  ship- 
ments were  down  to  two  a  week  and  down  to  only  one  a 
week  by  1910.  Cattle  and  farm  produce  shipments  had 
steadily  increased  each  year  as  the  farmers  learned  of 
the  benefits  of  the  railroad.  Little  farm  towns  like  Sun- 
dance found  it  much  better  to  travel  the  20  or  so  miles  to 
Aladdin  than  the  50  miles  to  the  Burlington  Railroad  in 
Wyoming.  Farmers  and  ranchers  in  southeastern  Mon- 
tana often  came  more  than  100  miles,  because  for  them 


36 


"A  shipment  of  his  hay  was  loaded  and  ready 
but  the  train  crew  was  not. " 


it  was  the  closest  shipping  point.  One  local  rancher, 
however,  became  quite  irritated  at  the  casual  operation 
of  the  line  and  decided  to  take  matters  in  his  own  hands. 
A  shipment  of  his  hay  was  loaded  and  ready,  but  the 
train  crew  was  not.  The  rancher,  knowing  the  tracks 
were  clear,  proceeded  to  release  the  brakes  on  the  car, 
and  let  it  roll  downhill  into  Belle  Fourche.  It  arrived  well 
before  the  train! 

The  ancient  Number  1  finally  wore  out,  and  a 
slightly  newer  4-4-0  Rogers  locomotive  was  purchased 
for  $2,568,  and  became  number  "Four."  When  the  coal 
ran  out,  the  new  engine  ran  only  one  day  a  week  and 
rarely  with  anything  but  farm  produce.  The  little 
gasoline  cars,  or  "dinkys"  as  they  were  often  called,  car- 
ried most  of  the  freight.  One  of  the  cars  was  finally 
scrapped  to  help  keep  the  other  one  running.  In  1917 
the  single  car  carried  over  a  1,000  passengers,  six  at  a 
time.  The  revenues  had  always  barely  matched  ex- 
penses, but  following  World  War  I  revenues  dropped 
and  expenses  soared. 

In  1 922  the  railroad  and  the  mines  were  sold  to  local 
men.  The  new  owners  were  mainly  employees  of  the 
former  owners  and  ranchers  along  the  line.  The  men 
hoped  to  put  at  least  one  of  the  mines  back  into  opera- 
tion and  maybe  even  extend  the  railroad  toward  Sun- 
dance. A  third  locomotive  was  purchased  from  the 
Beaver,  Penrose  and  Northern,  a  short  Colorado  rail- 
road that  had  just  gone  out  of  business.  The  little  4-6-0 
was  fresh  out  of  a  rebuilding  shop  and  ready  for  work.  It 


was  better  suited  for  heavy  loads  than  the  older  4-4-0 
engine.  The  engine  was  given  the  number  "Five." 

A  half  dozen  used  box  cars  and  a  caboose  swelled 
the  equipment  list.  One  of  the  new  cars,  unfortunately, 
was  destroyed  shortly  after  it  arrived.  The  picture  was 
not  bright  for  the  new  owners  and  in  1925  they  tried  to 
sell  it  to  the  C.&N.W.,  who  wanted  no  part  of  the  road. 
In  1927  the  railroad  was  shut  down.  The  "dinky"  was 
parked  in  a  shed  behind  the  Aladdin  Store  and  every- 
thing else  was  sold  for  scrap.  The  little  car  survived  as  a 
novelty  for  several  decades,  occasionally  being  rolled  out 
for  display. 

Aladdin  has  about  20  people  today.  The  coal  mines 
in  the  area  made  a  few  dollars  after  the  railroad  was  torn 
out,  one  locality  being  reported  as  the  site  of  a  bootleg  li- 
quor operation  during  Prohibition.  A  few  families  in  the 
valley  can  relate  family  ties  to  the  colorful  little  railroad, 
but  there  is  little  physical  evidence  left  of  the  line.  The 
present  highway  crosses  the  overgrown  grade  several 
times.  The  old  yards  in  Aladdin  are  almost  completely 
erased,  while  in  Belle  Fourche  the  old  trackage  remains. 

The  Wyoming  and  Missouri  River  Railroad  was  the 
start  of  what  is  now  one  of  the  west's  fastest  growing 
businesses.  The  coal  in  one  modern-day  Burlington 
Northern  hopper  car  is  more  than  what  was  carried  by 
an  entire  W.&M.R.  coal  train.  The  coal  in  an  average 
100-car  shipment  today  is  greater  than  all  of  the  coal 
ever  shipped  by  train  from  Aladdin. 


37 


F" 


Broadway 

in 

Cow  Country 


The  History  of 
Cheyenne  Little  Theatre 


Part  Two 


By  Lou  Burton 


Several  years  later,  after  Mrs.  Loomis  had  com- 
pleted her  education  at  Smith  College,  she  returned  to 
Cheyenne,  reentered  society,  and  discovered  the 
O'Mahoneys  in  the  thick  of  things  even  though  they, 
too,  had  only  recently  returned  from  Washington  where 
Joe  had  served  as  secretary  to  Kendrick  after  his  election 
to  the  U.  S.  Senate. 

Soon  after  their  return  to  Cheyenne  in  1922,  the 
O'Mahoneys  had  been  instrumental  in  reelecting  Sen- 
ator Kendrick  and  putting  Governor  William  Ross  in  the 
governor's  office,  an  unprecedented  coup  for  the 
Democratic  party;  Agnes  had  zestfully  played  her  part, 
giving  teas  and  receptions  at  the  O'Mahoney  bungalow. 

But  this  mode  of  entertaining  was  an  exception  to 
the  norm;  throughout  the  twenties  and  early  thirties,  the 
O'Mahoneys  were  more  inclined  to  devote  themselves  to 
close  friends.  Agnes,  like  any  woman  of  her  position  and 


time,  was  a  capable  bridge  player,  but  not  single-mind- 
edly  devoted  to  the  game  as  were  many  of  her  contem- 
poraries. She  preferred,  instead,  to  be  involved  in  many 
things  —  at  one  time  she  served  as  executive  secretary  to 
Nellie  Tayloe  Ross  — but  of  all  things  she  was  most 
devoted  to  being  her  husband's  confidante  and  chief  ad- 
visor. Indeed,  it  can  probably  be  assumed  that  she  was 
one  of  those  who  advised  him  against  seeking  his  party's 
nomination  for  the  state's  only  seat  in  the  U.S.  House  of 
Representatives  in  December,  1929.  Less  than  two 
months  later,  this  amazing  woman  and  her  husband, 
resilient  and  undaunted,  turned  their  talents  to  the  task 
of  bringing  theatre  to  Cheyenne. 

The  temptation  to  suggest  the  theatre  project  was 
conceived  as  an  alternate  channel  for  O'Mahoney  ener- 
gies is  too  great  to  resist,  but  it  must  remain  simply  a 
suggestion.  However,  there  is  no  doubt  in  the  minds  of 


Bt= 


EllE 


ElBE 


^TMF^ 


DBE 


E]|E 


any  who  knew  the  O'Mahoneys  that  Joe  supported  the 
endeavor  as  completely  as  Agnes  supported  him  in  his 
career.  Just  as  she  would  later  assist  him  with  his  re- 
search, his  speeches,  and  the  bills  he  presented  in  the 
U.  S.  Senate,  he  is  believed  to  have  advised  her  during 
the  years  she  served  as  president  of  the  Cheyenne  Little 
Theatre   Players.    But   his   unobtrusive  presence  is   in- 
dicated only  once  in  the  records.  On  December  12,  1930 
a  special  meeting  of  the  Board  of  Directors  was  held  at 
the  home  of  Frederic  Hutchinson  Porter.  Edith  K.  O. 
Clark  included  the  following  item  in  the  minutes: 
At  the  close  of  the  business  meeting  a  delightful  supper  was 
served  by  Mrs.   Frederick  [sic]  Porter,  wife  of  the  Vice- 
President  (who  was  gracefully  and  efficiently  assisted  by 
Mr.  J.  C.  O'Mahoney,  husband  of  the  President). 
All  those  who  recall  Agnes  O'Mahoney  speak  of  her 
grace,  charm,  wit,  and  intelligence;  of  her  dedication 
and  infectious  enthusiasm;  and  of  how  all  who  were  in- 
volved in  Cheyenne's  Little  Theatre  movement  delight- 
ed in  transforming  her  ideas  into  realities.  She  was,  in- 
deed, an  exceptional  leader,  but  none  have  asserted  that 
she  was  ever  a  star  performer  in  a  theatrical  way. 

Although  she  had  acquired  an  appreciation  of  fine 
drama  as  a  theatergoer  in  various  eastern  cities  and  had 
undoubtedly  attended  performances  on  Broadway  as 
recently  as  the  summer  of  1929  when  she  had  worked  at 
Democratic  National  Headquarters  in  New  York,  she 
had  no  illusions  about  her  ability  to  direct  a  play,  create 
a  role  on  stage,  or  construct  a  set.  These  talents  were 
possessed  by  others;  fortunately,  she  recognized  that  her 
role  was  to  channel  their  energies  in  ways  that  would 
strengthen  the  new  organization. 


Her  first  major  step  in  this  direction  resulted  in  the 
weekly  workshops  that  followed  the  meetings  of  the 
general  membership.  During  these  workshops,  stars  of 
an  entirely  different  sort  moved  center  stage.  We  begin 
to  find  their  names  in  the  secretary's  notebook  and  in 
news  releases  before  the  CLTP  is  a  month  old.  The  first 
news  item  significant  in  this  respect  appeared  in  the 
Tribune- Leader  on  March  8. 

The  meeting  [of  March  5]  was  devoted  to  the  reading  of 
plays,  the  program  being  in  charge  of  Mrs.  W.  H.  Andrew, 
chairman  of  the  play-reading  committee. 

"Journey's  End."  the  famed  play  without  a  woman  in 
the  cast,  was  read,  with  the  parts  taken  by  W.  F.  DeVere, 
Frederic  H,  Porter,  Arthur  Austin,  Robert  Caldwell, 
Ernest  Sengart  [sic]  and  George  T.  [sic]  Guy  of  Cheyenne, 
and  Capt.  G.  M.  Seebach  and  Lieut.  Walter  C.  Stanton  of 
Fort  Warren. 

"Journey's  End"  was  thoroughly  enjoyed  and  was  fol- 
lowed with  "The  Reprisal,"  a  short  story,  by  F.  Britten 
Austin  and  arranged  for  the  stage  by  William  F.  DeVere. 
"The  Reprisal"  is  a  post-war  story  and  the  parts  in  the 
dramatization  were  taken  Wednesday  night  by  Mrs.  James 
Greenwood,  Mr.  DeVere  and  Lieut.  W.  C.  Stanton. 

Enthusiasm  and  interest  were  marked  at  the  meeting 
Wednesday  night.  A  "surprise"  program  will  be  presented 
March  12.  Two  sketches  are  to  be  proffered  by  Barrie 
O'Daniel  [sic]  and  Mr.  DeVere. 

The  secretary's  minutes  reveal  one  fact  not  reported 
in  the  newspaper:  The  readings  were  entirely  impromp- 
tu since  the  unnamed  people  who  were  to  have  present- 
ed a  previously  arranged  program  apparently  got  cold 
feet  and  failed  to  attend  the  meeting.  But  the  surprise 
for  the  next  meeting  materialized  with  even  greater 
grandeur  than  anticipated.  O'Daniels  and  DeVere  had 


"The  Swan"  October,   1931 


obviously  been  chomping  at  the  bit.  Edith  Clark  report- 
ed the  events  in  her  minutes  of  March  12th. 

The   program    was   then    turned   over   to    Mr.    Barrie 
O'Daniels  who  gave  a  brief  explanation  of  the  psychology  of 
acting  and  directing,  and  then  set  an  informal  stage  for  the 
reading  of  "Three  Pills  in  a  Bottle." 
The  parts  were  read  by 
Mrs.  Bruce  Jones 
Jimmie  Speer  (age  11) 
Mr.  R.  G.  Caldwell 
Mr.  Fred  Douglas.  Jr. 
Lt.  Farmer 
Mr.  Saegart 
Mrs.  Wm.  Fairchild 
Mrs.  H.  J.  Frawley 
After  the  reading  of  the  play,  a  fantasie,  there  was  a 
general  discussion  of  the  wisdom  of  attempting  anything 
quite  so  subtle,  as  one  of  the  first  night  productions.  No 
formal  vote  was  taken,  but  the  feeling  was  rather  against 
undertaking  this  fantasie  quite  so  early  in  the  C.L.T.P.  ac- 
tivities. 

Mr.  DeVere  was  then  asked  to  direct  the  reading  of  Bar- 
rie's  comedy   'The  \2  ^  Look" 

The  lines  of  this  play  were  read  by 
Mrs.  Allan  Pearson 

Alexander  Adair  (Ft.  Warren) 
Lt.  Stanton  (   "  "     ) 

As  a  closing  number,  Mr.  DeVere  and  Mr.  O'Daniels  read 
"Moonshiner"  by  Arthur  Hopkins,  a  clever  dialogue. 
Earlier  that  evening  the  Board  of  Directors  had 
decided  "to  urge  the  early  production  of  three  one-act 
plays,  to  stimulate  interest  in  the  CLTP,"  and  prior  to 
the  evening's  readings  DeVere  suggested  to  the  general 
membership  that  "The  Twelve  Pound  Look,"  "Meet  the 
Missus,"  and  "Three  Pills  in  a  Bottle"  be  produced  as 
the  group's  first  public  program.  "Meet  the  Missus"  had 
been  read  on  February  26  and  was  considered  appro- 
priate, but  when  the  general  membership  voiced  their 
reservations  about  "Three  Pills  in  a  Bottle"  it  was  given 
no  further  consideration. 

Of  a  total  membership  of  fifty-nine  persons  on 
March  12,  1930,  at  least  eighteen  had  participated  in 
one  or  more  workshop  play  readings  and  an  additional 
fourteen  were  actively  serving  on  the  Board  of  Directors 
or  assigned  to  committees.  Mrs.  O'Mahoney,  in  just  one 
month,  and  with  the  unflagging  assistance  of  DeVere, 
Porter,  and  O'Daniels,  had  found  ways  to  directly  in- 
volve over  half  of  the  membership  in  the  business  of  the 
group.  Nevertheless,  she  announced  the  appointment  of 
an  "aggressive  membership  committee"  that  same  eve- 
ning and  then  "urged  all  members  and  friends  of  the 
organization  to  try  to  interest  others  in  coming  to  the 
meetings,  and  in  joining  the  club." 

At  the  next  meeting  of  the  Board  of  Directors,  on 
March  19,  they  demonstrated  the  sort  of  decisiveness 
that  was  needed  to  earn  them  a  place  in  the  community. 
It  was  reported  that  Mrs.  Cahill,  chairVnan  of  Music 
Week   had   invited   the   Cheyenne   L.   T.    P.    to   perform 
Wednesday,  May  7th.  It  was  moved,  seconded  and  carried 
that  we  accept  this  invitation. 


It  was  moved,  seconded  and  carried  that  The  Valiant, 
Meet  the  Missus  and  The  Twelve  Pound  Look  be  prepared 
for  this  performance.  Moved,  seconded  and  carried  that 
Mr.  DeVere  direct  this  production  of  these  plays  with  the 
privilege  of  choosing  an  assistant  as  provided  in  the  by  laws. 

Mrs.  O'Mahoney  appointed  Mr.  Porter  scenic  artist  and 
stage  manager. 

In  a  matter  of  moments,  that  first  Board  of  Direc- 
tors had  the  wisdom  to  recognize  the  two  men  who 
would  most  frequently  be  the  de  facto  leaders  of  the 
CLTP  during  the  organization's  first  quarter  century. 
At  the  meeting  of  the  general  membership  that  followed 
a  few  minutes  later,  the  decisions  of  the  Board  were  an- 
nounced and  accepted  by  the  membership  without  ques- 
tion or  discussion. 

As  there  was  no  further  business  the  meeting  was  turned 
over  to  Mr.  Devere  who  conducted  tryouts  for  the  Valiant 
and  The  Twelve  Pound  Look.  The  parts  for  Meet  the 
Missus  had  been  previously  cast  so  that  no  tryouts  for  that 
were  held. 

Bill  DeVere  knew  from  experience  that  the  eight 
weeks  the  players  had  given  themselves  would  be  none 
too  long  for  rehearsing  the  plays  that  had  been  selected, 
and  it  was  especially  important  to  him  that  the  first 
public  performance  of  the  CLTP  be  successful. 

Bunk  Porter,  a  man  of  forty  who  had  enjoyed  excep- 
tional success  as  an  architect  but  who,  according  to  his 
wife,  had  never  before  in  his  life  been  involved  in  any 
aspect  of  theatre  was  just  as  concerned  and  well  orga- 
nized as  DeVere.  In  spite  of  his  inexperience,  or  perhaps 
because  of  it.  Porter  was  ready  to  move  center  stage  at 


=]E 


ElE 


Frederic  H.   "Bunk"  Porter 


40 


The  1935  production,   "The  Donovan  Affair.  "  Left  to  right. 
Warren,  Alice  Fairchild,  and  James  A.   "Buck"  Buchanan. 

the  next  meeting.  The  meeting  on  March  26  exemphfies 
as  well  as  any  other,  the  dynamic  excitement  and  total 
involvement  that  made  possible  the  achievements  of  the 
thirties. 

The  meeting  of  the  Board  of  Directors  at  7:30  was 
routine;  concern  was  expressed  about  "problems  of  in- 
creasing the  membership,"  and  Simpson,  the  treasurer, 
reported  that  he  had  arranged  for  the  printing  of  "of- 
ficial CLTP  receipt  forms  for  dues  paid,"  and  that  he 
"had  tendered  to  Messrs.  Laughlin  and  Mackay,  owners 
of  the  Capitol  Press  which  did  the  printing,  two  com- 
plimentary memberships  for  1930."" 

Edith  Clark's  record  of  the  open  meeting  that 
followed  also  starts  out  routinely,  but  then  goes  on  to 
reveal  how  well  Bunk  Porter,  the  amateur,  had  done  his 
homework,  and  how  O'Daniels  and  DeVere  filled  out 
the  evening's  activities. 

Mrs.  O'Mahoney  .  .  .  introduced  Mr.  Porter  as  the  chief 
speaker  of  the  evening. 

Mr.  Porter  gave  a  very  interesting,  entertaining  and  in- 
structive talk  upon  the  development  of  scenic  design  and 
stage  mechanics,  showing  an  exhaustive  study  of  the  sub- 
ject. Mr.  Porter  reported  that  he  Vifas  asking  the  coopera- 
tion of  all  C.L.T.P.  members  who  had  indicated  on  their 
enrollment  cards  that  they  wished  to  study  scene  painting 
and  stage  settings,  to  submit  plans  for  the  staging  of  the 
three  plays  selected  for  presentation  on  May  7th.  He  stated 
that  he  would  report  at  a  later  meeting  the  designs  offered 
by  various  members. 

At  the  close  of  Mr.   Porter's  talk,   Mr.   O'Daniels  was 
called  upon.  He  complimented  Mr.  Porter  upon  his  com-' 
prehensive   discussion   of  the   subject    and   added    a   few 
interesting  facts  taken  from  his  own  experience. 


Frederic  H.   "Bunk"  Porter,  Maxme  Wail,  Mary  Helen 


Mrs.  O'Mahoney  then  asked  Mr.  O'Daniels  to  direct  the 
reading  of  "The  Drums  of  Oude"  —  a  very  tense  and  stirring 
short  play  by  Austin  Strong.  The  lines  were  read  by  Mr. 
George  Guy,  Lt.  and  Mrs.  Seebach  and  Mr.  Ernest  Saegart. 
The  stage  business  directions  [were]  read  by  Mr.  O'Daniels 
in  a  way  to  make  the  action  of  the  play  very  vivid  to  the 
hearers. 

During   the   business   meeting  of  the   C.L.T.P.,    Mr. 
DeVere  conducted  in  another  room  preliminary  rehearsals 
of  some  of  the  scenes  to  be  presented  on  May  7th. 
One  cannot  help  but  visualize  the  events  of  that  eve- 
ning. Happily,  Frances  Mentzer  Reiser,  librarian  at  the 
Carnegie  Library  from  1929-1943  and  president  of  the 
CLTP  from  1933  until  1935,  has  explained  how  so  many 
things  might  have  happened  and  provided  a  description 
of  the  library. 

Throughout  the  thirties,  according  to  Mrs.  Reiser, 
the  Women's  Club  rooms  were  reserved  by  the  players 
almost  every  Wednesday  evening.  Located  just  to  the 
north  of  St.  Mary's  Cathedral  on  the  corner  of  Capitol 
Avenue  and  22nd  Street,  the  library  was  built  of  stone  in 
a  classic  style  with  a  colonnaded  portico  at  the  top  of  a 
long  broad  flight  of  stone  steps.  Meeting  goers  would 
pass  through  the  portico,  into  a  vestibule,  climb  a  nar- 
row winding  stairway  to  the  second  floor  and  finally  turn 
right  into  the  Women's  Club  rooms.  These  consisted  of  a 
meeting  hall  and  small  library  room  where  various  clubs 
kept  their  records.  The  hall  was  equipped  with  long  nar- 
row oak  tables,  an  ample  number  of  folding  chairs,  a 
few  groupings  of  occasional  furniture,  and  a  piano. 

Members  of  the  Board  of  Directors  began  to  arrive 
shortly  after  seven  and  gathered  at  one  of  the  oaken 

41 


tables,  perhaps  taking  a  moment  or  two  to  unfold  and 
arrange  chairs  for  the  larger  meeting  that  would  follow 
their  own.  At  7:30  the  directors'  meeting  began,  and 
before  8:00  other  members  and  interested  people  ar- 
rived and  congregated  in  the  hall  or,  if  the  weather  was 
pleasant,  on  the  steps  or  under  the  portico  outside  the 
building. 

The  president  usually  called  the  general  meeting  to 
order  at  8  o'clock.  In  those  days  the  Board  of  Directors 
allowed  itself  only  thirty  minutes  a  week  to  do  their  of- 
ficial business,  and  it  was  only  when  an  unanticipated 
question  intruded  that  its  meetings  were  prolonged. 

On  March  26,  1930,  Mrs.  O'Mahoney  was  delayed, 
but  as  soon  as  the  meeting  was  started,  Bill  DeVere 
quietly  assembled  some  of  the  players  he  had  cast  and 
took  them  to  the  small  library  to  assist  them  in  rehears- 
ing lines. '^  He  and  Bunk  would  have  agreed  beforehand 
that  some  must  prepare  to  play  on  the  stage  while  others 
had  to  become  involved  with  building  sets.  Time  was 
short,  but  not  so  short  that  the  players  were  concerned 
only  with  the  three  plays  under  consideration;  conse- 
quently, it  seemed  quite  reasonable  for  O'Daniels  to 
organize  a  reading  of  still  another  play  after  he  had  cri- 
tiqued Mr.  Porter's  "comprehensive  discussion"  of  scenic 
design. '^ 

It  might  well  be  imagined  by  contemporary  readers 
that  those  who  attended  this  meeting  would  have  been 
satiated  at  the  end  of  this  evening,  that  they  would  have 
heard  enough  about  theatre  to  last  them  for  a  month  or 


more,  but  this  was  not  the  case.  Those  early  members  of 
the  CLTP  had  appetities  that  brought  them  back,  week 
after  week,  throughout  the  decade  and  beyond. 

We  might  explain  their  dedication  by  observing  that 
there  was  little  else  to  do  during  those  years  of  the  great 
depression.  But  it  would  be  more  reasonable  to  accept 
the  testimony  of  those  who  were  there:  they  participated 
because  they  loved  theatre,  because  they  sensed  they 
were  needed,  and  because  they  respected  and  admired 
their  leaders.  Furthermore,  almost  every  meeting  in- 
cluded a  stimulating  program,  and  they  were  able  to 
witness  their  own  g[rowth  in  almost  every  production 
they  presented  to  the  public. 

And  finally,  their  interest  never  waned  because  they 
knew  that  ultimate  control  of  their  theatre  rested  in 
their  hands  through  the  election  process  stipulated  in 
their  by  laws.  Each  year,  immediately  after  the  presen- 
tation of  the  last  play  of  the  season,  ballots  were 
distributed  and  each  member  voted  for  a  slate  of  direc- 
tors. The  slate  was  based  upon  nominations  from  the 
Board  of  Directors  and  the  general  membership.  Some 
directors,  like  William  DeVere,  were  reelected  again 
and  again  and  served  continuously  throughout  the 
period. 

According  to  George  Guy,  a  prominent  Cheyenne 
attorney  and  civic  leader  who  played  in  several  CLTP 
productions  during  the  thirties.  Bill  DeVere  was  the 
"heart  and  soul  of  the  Cheyenne  Little  Theatre  Players." 
Similar  accolades  have  been  rendered  by  many  others 


John  Godfrey  and  Virginia  Kershisnik  in  "Holiday,"  April,  1938.  The  set  designed  and  executed  by  "Bunk"  Porter  was 
used  for  a  single  performance  and  then  dismantled  and  stored  in  the  attic  of  the  Consistory  Building. 
42 


including  Bard  Farrell,  another  of  Cheyenne's  well- 
known  attorneys  who  was  cast  — with  George  Guy  — in 
CLTP's  first  program  of  plays;  and  Alice  Fairchild, 
who,  after  making  her  stage  debut  in  the  same  program, 
became  one  of  the  finest  actresses  to  perform  with  the 
group  during  the  thirties,  and  its  president  in  1937.^" 
The  praise  is  well  deserved;  Bill  DeVere  directed  twenty- 
eight  of  the  fifty-seven  plays  presented  prior  to  the 
suspension  of  play  production  during  World  War  II  and 
several  more  after  the  war.  And  he  frequently  played 
roles  — often  in  plays  he  was  directing.  According  to 
Daze  Bristol,  many  people  would  attend  plays  only  when 
they  knew  Bill  DeVere  was  to  appear  on  stage. 

DeVere  had  legendary  qualities.    Like  nineteenth 
century  western  heroes,  he  came  from  some  unknown 
place  east  of  the  Mississippi  —  some  say  from  the  north, 
others  from  the  south,  and  still  others  from  the  mid- 
west—and he  brought  special,  almost  magical,  talents 
that  would  change  the  western  landscape.  But  he  was 
atypical,  too.  Katherine  Halverson  recalls  that  when  she 
was  a  child,  DeVere  was  a  neighbor  and  didn't  seem  at 
all  unusual,  but  as  the  years  went  by  she  realized 
Bill  was  never  offstage;  he  never  drew  a  breath  that  he 
was  offstage  — in  his  office,  in  a  social  situation,  walking 
down  the  street,  Bill  was  always  on  stage,  but  not  offensive- 
ly. In  Cheyenne,  invariably,  he  was  beautifully,  impeccably 
dressed.  He  would  wear  a  business  suit,  often  a  dark  busi- 
ness suit,  spats,  pale  grey  spats  as  often  as  not;  he  would 
carry  a  walking  stick  and  he  would  carry  it  with  an  air.  He 
would  wear  a  bowler  hat  and  always  the  waxed  moustache, 
you  know,  and  twirled  at  the  ends.  This  was  part  of  Bill. 
And  he'd  attract  attention  —  and  he  would  have  been  disap- 
pointed the  day  he  wouldn't  attract  attention. 

When  Bill  traveled  in  the  East,  he'd  often  wear  heeled 
Western  boots,  stiff  crackling  yellow  cowboy  slicker  and  a 
cowboy  hat.  He  was  the  epitome  of  a  range  cowboy  in  New 
York  City,  but  he  was  the  epitome  of  a  Madison  Avenue 
broker  in  Cheyenne.  He  was  always  on  stage. 
When  George  and  Lucille  Guy  were  asked  who  had 
brought  the  CLTP  into  existence,   they  immediately 
started   talking,    both   at    the   same   time,    about   Bill 
DeVere.  After  a  moment,  things  settled  dovwi. 
Lucille:     He  was  a  ham  at  heart  .  .  . 
George:     He  was  an  old-time  vaudevillian;  he'd  been  in 
vaudeville  before  World  War  I,  traveled  to  the  tank  towns 
and  all  that  kind  of  stuff  .  .  . 

Lucille:     But  he  was  on  stage  every  minute  of  his  life  .  .  . 
George:     Yes  .  .  . 

Lucille:     But  he  was  a  warm,  fine  person. 
George:     He  wore  a  little  waxed  moustache,  very  fancy 
thing.   He'd  come  downtown  wearing  a  derby  hat   and 
spats  .  .  . 

Lucille:     Sometimes  grey;  some  times  black  .  .  . 
George:     A  checked  suit  .  .  . 

Lucille:     His  costume  .  .  .  He  carried  a  walking  stick  .  .  . 
George:     A  theatrical  prop  .  .  . 
Lucille:     Yes. 

George:     He  had  a  pair  of  pince  nez  attached  to  a  bi§f 
black  ribbon. 
Lucille:     Hal 


George:     And  the  next  time  you  saw  him  downtown 

he'd  be  in  a  cowboy  outfit! 

This  cowboy  rode  out  of  the  east  in  1922,  returning 
to  Cheyenne,  a  tank  town  he  had  visited  in  1913  as  a 
vaudevillian.  His  arrival,  as  might  be  expected  in  the 
case  of  a  mythical  hero,  was  unheralded.  Having  at 
some  point  in  his  travels  found  a  wife  with  a  soft 
southern  accent,  he  was  ready  to  settle  down,  and  soon 
secured  a  position  as  manager  of  the  Cheyenne  Credit 
Bureau,  a  job  he  held  the  rest  of  his  life.  Somewhere 
along  the  line  he  had  also  acquired  an  understanding  of 
the  financial  world  to  complement  his  understanding  of 
human  nature,  so  he  was  ideally  suited  for  the  job.  In 
1930,  when  the  CLTP  was  formed.  Bill  DeVere  was  in 
his  late  thirties,  a  successful  man  about  town  whose  oc- 
casional apperances  in  amateur  theatricals  did  little 
more  than  whet  his  appetite.  His  wife  and  son  were  also 
ready  to  launch  the  new  theatrical  enterprise;  Louise 
would  soon  be  assisting  with  makeup,  and  Bill,  Jr.  would 
be  helping  to  build  some  of  the  first  sets.'^ 

While  Bill  DeVere's  contributions  to  what  actually 
transpired  on  stage  would  be  sufficient  to  earn  him  a 
prominent  place  in  the  history  of  the  CLTP,  he  must 
also  be  given  credit  for  other  less  celebrated  activities 
that  more  than  once  enabled  the  organization  to  survive 
the  financial  crises  that  plagued  it  throughout  the  thir- 
ties. 

Some  old-timers  would  prefer  to  gloss  over  these 
problems,  and  some  sincerely  believe  they  did  not  exist, 
but  others  have  been  more  realistic  in  their  recollections. 
Daze  Bristol,  a  centenarian  who  has  experienced  hard 
times  and  found  her  own  way  in  the  world  through  her 
second  half  century,  recalls  that  "Bill  DeVere  was  always 
the  chief  one  to  get  money;  he  could  get  money  any- 
where; he  never  gave  up  [the  idea  of  continuing  with  the 
theatre].  But  he  was  very  secretive." 

On  more  than  one  occasion  when  money  was  short, 
faint-hearted  members  of  Boards  of  Directors  prevailed 
in  their  insistence  that  the  membership  should  be  con- 
sulted about  attempting  to  continue  for  another  season. 
For  instance,  on  May  3,  1933,  the  program  for  "Out- 
ward Bound,"  the  last  play  of  the  season,  included  the 
following  note: 

As  this  is  the  last  play  of  the  season  your  attention  is  in- 
vited to  the  questionnaire,  which  is  intended  to  determine 
the  feasibility  of  going  ahead  with  plans  for  continuation  of 
the  Little  Theatre  organization  for  next  year.  Will  you 
kindly  fill  it  out. 

Three  things  had  contributed  to  the  directors'  hesi- 
tancy: Cheyenne  was  finally  feeling  the  full  effects  of  the 
depression;  Agnes  O'Mahoney  had  left  the  board  to  ac- 
company her  husband  to  Washington  after  his  appoint- 
ment to  the  Post  Office  Department;  and,  according  to 
Mrs.  Bristol,  the  newly-elected  president  of  the  players, 
Frances  Mentzer,  "was  ready  to  give  it  up." 


43 


William  DeVere,  the  director  of  "Outward  Bound," 
was  not.  In  some  way,  unrecorded,  he  and  others 
breathed  new  life  into  the  organization  and  it  returned 
with  renewed  vigor  to  commence  a  full  season  of  five 
plays  the  following  autumn.  Furthermore,  Frances 
Mentzer  remained  at  the  helm  until  1935,  guiding  the 
CLTP  through  what  must  have  been  their  most  difficult 
years. 

DeVere,  however,  was  not  the  only  one  who  worked 
behind  the  scenes  to  secure  additional  funds  for  the 
struggling  players.  On  December  9,  1935,  Bunk  Porter 
requested  assistance  from  the  Federal  Theatre  Project  of 
the  Works  Project  Administration.  In  his  letter  to  Mr. 
Marschall,  the  Educational  Consultant  for  the  W.P.A. 
in  Cheyenne,  Mr.  Porter  explained: 

.  .  .  the  purpose  of  the  Cheyenne  Little  Theatre  Players  in 
applying  to  the  Works  Progress  Administration  for  relief 
funds  is  entirely  because  we  were  sure  that  we  could  not 
carry  on  with  our  regular  productions  this  year,  as  we  have 
been  doing  in  the  past,  without  outside  help. 

We  are  without  the  services  of  an  amateur  director  for 
the  balance  of  the  season.  Heretofore  no  one  has  received  a 
salary,  profits,  or  dividends  from  the  Cheyenne  Little 
Theatre  Players.  Our  expense  of  production  is  constantly 
unavoidably  increasing,  and  we  feel  that  our  only  salvation 
to  secure  a  continuance  of  dramatic  presentations  this  year 
is  to  pay  for  a  good  director  to  direct  our  remaining  plays 
even  if  we  have  to  hire  a  professional  from  out  of  Cheyenne; 
and  in  addition  we  will  have  to  pay  for  some  construction 
work  in  the  scenic  studio,  as  our  scenic  director  finds  it  in- 
creasingly difficult  to  get  adequate  volunteer  help,  par- 
ticularly as  funds  are  so  limited  for  adequate  equipment 
and  material. 

Our  presentations  are  financed  partly  by  membership 
dues  and  partly  by  the  regular  fifty  cents  admission.  All  of 
the  money  thus  received  goes  into  the  production  and  none 
has  ever  been  diverted,  during  our  five  years  of  existence, 
to  any  person.  We  will  have  no  objection  to  having  a 
federal  representative  collect  admissions,  provided  we  are 
assured  that  such  admissions  go  directly  to  pay  production 
costs.  The  Cheyenne  Little  Theatre  Players  have  no  desire 
to  profit  from  these  admissions.  We  simply  must  have  help 
to  continue  our  regular  activities. 

This  matter  must  be  settled  very  quickly,  however,  as 
the  season  is  nearly  at  an  end  and  none  of  our  activities  may 
continue  after  May  30th.  .  .  .  Unless  this  application  is  ap- 
proved very  quickly,  we  will  abandon  all  efforts  to  continue 
the  high  class  of  dramatic  productions  which  we  have  given 
in  the  past. 

On  December  18,  1935,  the  request  for  assistance 
was  disapproved  because  it  did  not  meet  certain  un- 
specified criteria;  nevertheless,  the  leaders  of  the  CLTP 
did  find  a  way  to  continue  production  the  following 
autumn.  Even  though  DeVere  was  not  available  to  di- 
rect during  January  and  March  of  1936,  he  did  direct 
the  April  production  and  three  of  the  four  plays  present- 
ed during  the  following  season. 

There  must  have  been  occasional  clashes  of  person- 
alities within  the  Players  as  there  are  within  all  organiza- 
tions, but  none  of  these  were  permanently  crippling.  In- 
deed, events  indicate  that  the  conflicting  opinions  of  the 
44 


leaders  throughout  the  decade  strengthened  rather  than 
weakened  the  organization,  and  each  individual  who 
served  as  a  director  made  his  or  her  special  contribution. 
One  of  these,  Alice  Fairchild,  a  graduate  of  the  Law 
School  at  Boulder  who  had  worked  during  the  twenties 
as  an  attorney  with  the  Federal  Trade  Commission  in 
Washington,  came  to  Cheyenne  in  1929  as  the  bride  of 
Bill  Fairchild,  who  was  sent  to  manage  those  theatres 
that  belonged  to  his  family,  the  Princess,  the  Lincoln, 
and  the  Atlas. 

Eight  years  later,  after  she  had  starred  in  many 
CLTP  productions  and  after  Bill  had  filled  in  the  back- 
grounds in  almost  as  many  as  a  "spear  carrier,"  Alice 
was  elected  president  of  the  CLTP  and  was  ready  with 
an  innovation  of  her  own. 

As  a  long-time  friend  and  admirer  of  Barrie 
O'Daniels,  she  decided  to  ask  him  to  become  the  Players' 
first  paid  director,  wrote  him  a  letter  offering  him  the 
job,  and  soon  received  his  reply. 

Tuesday 
Dear  Alice 

It  was  a  great  pleasure  to  get  your  charming  letter  this 
morning  —  And  I  am  now  looking  forward  to  the  time  when 
I  shall  be  calling  curtain  for  the  first  Production  —  the 
money  that  you  offer  is  under  the  circumstances  quite  all 
right  — Tho  I  would  like  my  fare  one  way  — that  will 
amount  to  $30.00.  I  hope  that  is  acceptable  to  the  board 
and  yourself  — 

Regarding  the  plays  you  have  in  mind  — I  think  all  of 
them  are  splendid  — but  from  a  production  and  cast  view- 
point —  Winterset  is  a  little  too  high  —  it  is  a  great  play  —  but 
I  am  trying  to  keep  in  mind  the  fact  that  you  are  paying  me 
and  also  I  must  try  and  make  you  money  by  considering 
production  expenses  — the  costuming  in  Brother  Rat  is 
something  to  consider  —  Petrified  Forest  should  be  a  smash 
hit  only  one  set  and  great  theatre  —  Prelude  to  Exile  I  shall 
have  to  read  — Tho  I  have  played  in  "He  Who  Gets 
Slapped,"  I  rather  doubt  its  audience  value  in 
Cheyenne  —  as  you  requested  I  am  sending  the  names  of  a 
few  plays  that  I  know  to  be  surefire,  "Libel"  a  tremendous 
success  here  in  Pasadena  —  "Blind  Alley"  very 
dramatic  —  "Accent  on  Youth"  very  good  — "Behold  This 
Dreamer"  this  play  was  the  comedy  success  of  the  season  at 
the  Pasadena  Playhouse  — a  really  sparkling  fast  moving 
piece  of  wit  —  I  agree  with  you  that  I  should  devote  my  time 
to  directing  rather  than  acting  — And  Alice  I  know  we  will 
do  big  things  in  the  Theatre—  It  will  be  worthy  seeing  you 
all  again  —  I  have  always  regarded  you  and  Bill  and  the  rest 
of  the  gang  as  mighty  fine  people  —  And  I  trust  the  renewal 
of  our  friendship  will  be  of  value  to  us  all  — 

Give  my  very  best  to  the  charming  Mentzer  of  whom 
there  is  no  better  of — 

Sincerely 

Barrie 
As  it  turned  out,  only  one  of  the  plays  mentioned  in 
the  letter  was  actually  produced,  and  this  quite  natural- 
ly was  the  one  both  Barrie  and  Alice  saw  as  a  winner, 
"The  Petrified  Forest."  And  Barrie  was  not  able  to  stay 
for  the  entire  season;  he  directed  the  October  and  De- 
cember plays  and  then  went  on  to  other,  more  lucrative 
work. 


May,  1935,   "The  Return  of  Peter  Grim.  "  The  design  and  construction  of  the  set  took  one  full  year. 


When  he  was  recently  asked  about  that  autumn,  he 
remembered  that  he  had  been  paid  "the  magnificent 
sum  of  $300  a  month,"  but  AHce  Fairchild  doesn't  think 
it  could  have  been  so  much.  In  any  event,  the  CLTP 
must  have,  by  1937,  entered  upon  more  prosperous 
times. 

Perhaps  the  best  measure  of  the  superb  talents  of 
Bunk  Porter  as  a  scenic  designer  is  to  note  that  he  pro- 
duced some  of  his  finest  sets  during  the  years  when 
money  was  most  difficult  to  find.   Beginning  with  the 
production  of  "The  Trial  of  Mary  Dugan"  on  February 
15,  1933,  CLTP  programs  regularly  included  notes  in- 
viting audiences  "on  stage  to  inspect  the  setting"  after 
the  conclusion  of  the  play,  and  after  "The  Return  of 
Peter  Grimm"  was  presented  on  February  27,  1935,  the 
following  item  appeared  in  a  local  newspaper. 
ONE  YEAR  SPENT  BUILDING 
STAGE  SETTING  USED  HERE 
By  Jennet  S.  Letts 
What  was  considered  by  many  persons  to  have  been  the 
finest  stage  setting  ever  viewfed  in  Cheyenne  and  one  of  the 
best  anywhere  in  the  country,  was  the  one  used  for  the  Lit- 
tle Theatre  production,  "The  Return  of  Peter  Grimm,"  at 
Consistory  Temple  Wednesday  and  Thursday  evenings. 

The  building  of  that  setting  was  begun  a  year  ago  with 
the  painstaking,  careful  planning  of  Frederick  Hutchinson 
Porter  and  concluded  during  the  past  six  weeks  with  "hard 
labor"  on  the  part  of  Mr.  Porter  and  his  committee,  R. 
Walter  Bradley,  Charles  Dutcher,  John  Schaedel,  Libby 
Hoffman  and  Mrs.  Martin  Weiss. 


It  is  a  setting  full  of  romance  and  atmosphere  and 
history  and  a  real  feeling  for  the  people  of  the  past  who 
once  stepped  and  lived  in  such  rooms  and  such  houses. 

Based  on  the  directions  given  by  David  Belasco  whose 
settings  were  famous  for  their  realism  and  detail,  hundreds 
of  pictures  of  genuine  interiors  in  Holland  and  Flanders 
were  pored  over  during  the  year's  planning  of  the  set.  In- 
teresting steps  in  the  actual  work  were  rough  sketches  show- 
ing exits  and  entrances,  based  on  Belasco's  original  setting 
and  floor  plan,  a  working  model  on  which  each  of  53  pieces 
of  scenery  were  numbered,  then  the  construction,  coloring 
and  careful  shading  of  each  piece. 

Infinite  pains  were  taken  to  get  the  effect  of  real  Dutch 
paneling,  authentic  moulding,  true  Dutch  tiling,  and  all 
the  trappings  and  effects  of  a  Holland  interior  such  as  it 
might  have  been  modified  by  colonial  influence  in  early 
New  York.  One  detail  of  this  work  was  the  painting  of  four 
dozen  delf  blue  plates,  which  from  a  short  distance  cannot 
be  distinguished  from  the  real.  Canvas  beams  have  realistic 
knotholes  and  grainings  and  cracks  painted  into  them.  Col- 
ors of  curtains  and  wood  have  all  been  carefully  studied 
and  softened  to  produce  the  most  artistic  effect  under  the 
various  lights  thrown  upon  them. 

And  all  of  these  lights,  absolutely  everyone  available  in 
Cheyenne  was  used.  There  were  30  spotlights  alone,  two  of 
them  having  come  from  New  York  to  fit  exactly  the  re- 
quirements of  a  certain  effect.  Also  an  interesting  rain 
machine  was  procured  in  New  York  which  consists  of  elec- 
tricity thrown  on  the  back  curtain  in  such  a  way  as  to  look 
exactly  like  rain. 

Ted  O'Melia,  writing  for  the   Tribune-Leader  on 
May  2,  1935,  said: 


45 


The  Wyoming  Consistory  Temple  where  Little  Theatre  productions  were  staged  for  twenty  years. 


The  production  of  "The  Return  of  Peter  Grimm." 
Wednesday  night  in  Consistory  Temple  Auditorium,  was 
the  supreme  achievement  of  the  season  for  the  Cheyenne 
Little  Theatre  Players.  Its  success  transcends  that  of 
productions  of  several  seasons  and  goes  into  the  records  as 
probably  the  finest  work  ever  done  by  this  group  of 
amateurs. 

After  discussing  the  filled  auditorium  and  the  wisdom  of 
the  Players  in  choosing  the  play  with  "its  fine  emotional 
tempo,  its  superb  outlet  for  acting,  directing  and 
stagecraft,"  O'Melia  went  on  to  speak  of  the  group's  for- 
tune "in  possessing  the  two  most  essential  parts  of  a  suc- 
cessful players'  group  a  competent  director  and  skilled 
scenic  architect  and  technician." 

William  DeVere  amply  fills  the  former  position. 
Wednesday's  play,  it  can  be  said,  was  the  acme  of  his 
presentations.  In  addition  to  being  the  guiding  hand  of  the 
production  he  also  carried  the  title  role  of  Peter  Grimm.  In 
both  he  excelled. 

His  presentation  was  sincere,  convincing  and  sympa- 
thetic—all requisites  of  the  character.  His  voice  and  make- 
up were  closely  allied  to  his  interpretation. 

To  Frederic  Hutchinson  Porter  and  to  R.  W.  Bradley  go 
the  honors  for  one  of  the  most  impressive  stage  settings  ever 
created.  .  .  .  And  the  stage  management,  including  lights, 
which  were  a  triumph  in  themselves  in  charge  of  these  two 
men  was  an  impressive  feature. 

Especially  effective  were  the  sound  effects,  giving  the 
impression  of  rain  on  the  roof  accompanied  by  thunder  and 
lightning.  Another  delicate  touch  in  the  setting  was  the 
cloud  picture  as  seen  through  the  windows  to  the  rear  of  the 
stage.  It  took  ingenuity,  indeed,  to  produce  the  effects  of 
the  sailing  clouds. 


Appreciation  of  the  setting  was  expressed  at  the  rise  of 
the  curtain  by  a  spontaneous  outburst  of  applause  from  the 
audience. 

Mr.  Porter,  who  designed  the  setting,  was  at  the  pro- 
duction in  a  wheel  chair,  being  convalescent  from  a  recent 
severe  sickness  of  influenza. 

Few,  if  any,  Little  Theatre  productions  throughout 
the  country  have  ever  had  sets  to  compare  with  those  so 
meticulously  and  lovingly  created  by  Bunk  Porter,  and  it 
is  doubtful  that  anything  to  compare  with  his  work  has 
been  produced  in  Cheyenne  since  he  retired  from  the 
scene.  He  would  not,  however,  wish  to  take  full  credit 
for  the  production  of  the  sets  he  designed;  he  would 
have  been  the  first  to  insist  he  could  not  have  done 
without  the  assistance  of  Walter  Bradley,  his  business 
partner  for  several  years;  Dr.  Walter  Lacey,  a  man  with 
an  eye  for  detail  and  an  open  invitation  to  the  best 
homes  in  Cheyenne  who  always  found  the  antique  table, 
settee,  or  tablecloth  that  was  absolutely  correct  for  a 
particular  setting;  and  many  others  who  spent  long 
hours  in  the  various  scene  shops  during  that  first  decade. 
Bunk  Porter,  like  the  O'Mahoneys,  was  a  native  of 
Massachusetts  who  came  to  Cheyenne  prior  to  1920.  He 
graduated  from  Tufts  University;  married  Grace,  a 
native  of  Colorado,  in  1913,  and  then  worked  at  various 
jobs  in  the  east  and  west  for  one  period  on  the  Utah 
capitol  in  Salt  Lake  —  and  finally  joined  a  partnership  of 
architects  in  Cheyenne  in  1918.  By  1930  he  had  estab- 
lished a  thriving  business  of  his  own,  having  designed 
some  of  the  finest  homes  and  buildings  in  the  city.  In  ad- 


46 


didon  to  these  achievements,  he  must  have  been  a  closet 
theatre  buff;  otherwise,  he  could  not  have  burst  into  full 
bloom  as  a  scenic  designer  within  weeks  after  the  foun- 
ding of  the  CLTP. 

Like  DeVere,  Bunk  was  totally  committed  to  quality 
theatre.  He  would  no  more  let  a  lack  of  funds  stand  in 
the  way  of  building  an  exquisite  set  than  DeVere  would 
allow  high  royalties  to  preclude  the  production  of  a  fine 
play.  The  major  difference  between  the  two  men  was 
that  Bunk  would  reach  into  his  own  pocket  when  money 
was  needed  while  DeVere,  not  a  wealthy  man,  would 
quietly  approach  someone  else.  Neither  man  troubled 
the  Board  with  these  problems;  the  Board  then,  as  now, 
liked  to  think  the  Players  could  survive  without 
charity.''* 

As  one  reviews  the  records,  one  fact  concerning  the 
people  who  organized  the  CLTP  cries  out  for  recogni- 
tion. They  were  an  exceptionally  well-educated  group. 
Bill  DeVere  had  spent  over  twelve  years  in  professional 
theatre  prior  to  arriving  in  Cheyenne  and  many  others 
had  graduated  from  prestigious  universities  and  col- 
leges. Architects,  doctors,  lawyers,  army  officers,  and 
schoolteachers  led  the  Little  Theatre  movement 
throughout  the  thirties,  and  not  the  least  among  these 
was  a  cadre  of  college  women  that  included  Agnes 
O'Mahoney,  Alice  Fairchild,  Frances  Mentzer  Reiser, 
Martha  Dudley,  Meda  and  Maurine  Carley,  Fern  Her- 
ring, Elizabeth  Hofmann,  and  Ruth  Loomis. 

Mrs.  Loomis  has  described  the  younger  women  of 
this  cadre  as  being  "recently  married,  casually  fashion- 
able, pseudo-intellectuals,"  but  she  smilingly  confesses 
that  they  were  also  achievers,  not  so  much  as  women, 
but  as  people  who  set  high  standards  and  goals  for 
themselves  and  seldom  failed  to  measure  up  to  their  own 
expectations.  With  such  women  committed  to  the  enter- 
prise, and  with  men  like  DeVere,  Porter,  and  O'Daniels, 
the  Cheyenne  Little  Theatre  Players  could  not  help  but 
succeed  in  their  endeavor  to  bring  quality  theatre  to 
Cheyenne. 

Their  goals  and  aspirations  were  succinctly  stated  on 
their  first  program,  a  program  that  was  distributed  to  a 
capacity  crowd  at  the  auditorium  in  the  old  Consistory 
Temple  on  May  7,  1930. 

One  of  the  outstanding  cultural  developments  in  this 
country  during  the  past  decade  has  been  the  organization 
of  Little  Theatre  Groups,  for  the  purpose  of  promoting  the 
study  and  appreciation  of  dramatic  literature.  This  move- 
ment was  organized  in  Cheyenne  in  February  of  this  year 
under  the  sponsorship  of  the  Women's  Clubs  and  of  the 
several  service  clubs  of  the  city. 

This  is  the  first  public  performance  of  the  Cheyenne 
Little  Theatre  Players,  and  on  the  interest  with  which  it  is 
received  will  depend  in  great  measure  the  future  of  this 
organization.  It  is  hoped  that  persons  who  are  interested, 
not  only  in  acting,  but  in  the  reading  of  plays,  in  directing, 
in  lighting,  and  in  scenic  design,  will  find  in  the  Cheyenne 
Little  Theatre  Players  an  opportunity  for  further  develop- 
ment of  their  talents." 


The  first  of  many  favorable  reviews  that  would  be 
written  about  CLTP  productions  appeared  in  the  Tri- 
bune-Leader the  following  day. 

A  capacity  crowd  greeted  the  opening  performance  of 
the  Cheyenne  Little  Theater  [sic]  Players,  Wednesday 
night  at  Consistory  Temple.  Three  one-act  plays  were  given 
as  a  part  of  the  National  Music  Week  program. 

Directed  by  William  DeVere,  members  of  the  casts  per- 
formed adequately  in  all  parts,  giving  eloquent  testimony 
to  the  effort  that  had  been  expended  by  the  director  and 
players  in  making  the  performances  a  success. 

Scenic  effects  for  the  plays  were  made  by  William 
DeVere,  Frederick  Hutchinson  Porter  and  other  members 
of  the  Little  Theater  club. 

Mrs.  J.  C.  O'Mahoney,  president  .  .  .,  gave  a  brief 
resume  of  the  history  of  the  club,  explaining  its  purpose 
and  that  anyone  interested,  not  only  in  acting,  but  in  the 
mechanics  of  the  theater,  was  invited  to  join  the  players. 

The  plays  given  ranged  from  comedy  and  satire  to  com- 
edy and  then  grim  tragedy.  Before  the  curtain  was  drawn 
on  the  closing  scenes  of  "The  Valiant,"  tears  were  being 
surreptitiously  wiped  away  and  sniffs  were  audible  through- 
out the  audience. 

The  CLTP  had  arrived,  a  standard  had  been  set, 
and  the  players  looked  confidently  toward  the  future. 
Throughout  the  remainder  of  the  decade  and  until 
World  War  II,  their  goals  remained  the  same,  and  no 
serious  thought  was  given  to  building  projects  that  were 
beyond  their  means. 

A  sly  twinkle  appeared  in  her  eye  when  Frances 
Reiser  was  asked  to  compare  the  achievements  of  the 
CLTP  prior  to  and  since  that  war,  and  then  she  said 
softly  and  with  infinite  charm,  "We  built  the  theatre; 
the  buildings  came  later." 

The  truth  of  this  statement  is  incontestable,  but  not 
necessarily  uncomplimentary  to  either  group.  More  re- 
cent times  have  also  produced  their  heroes:  organizers 
like  Louise  Hallowell  and  Elizabeth  Escobedo,  directors 
like  Callie  Milstead  and  John  Carroll,  and  builders  like 
Elizabeth  Hofmann,  Charles  Anderson,  and  Bill  Du- 
bois. They  were  ready  to  literally  build  on  the  founda- 
tions of  integrity  and  reputation  the  CLTP  had  built 
throughout  the  thirties  and  forties.  These  moderns  not 
only  knew  the  CLTP  deserved  to  have  its  own  theatre, 
they  were  also  innovators  who  found  ways  to  raise  the 
thousands  of  dollars  needed  for  their  projects.  One  of 
these  fund-raisers,  Elizabeth  Hofmann,  had  been 
waiting  in  the  wings  since  1930,  and  others  like  Charles 
Anderson  and  Ted  Glockler  were  relative  newcomers. 

How  they  built  the  Playhouse  at  Windmill  Road 
and  Pershing  Boulevard,  how  they  brought  the  Melo- 
drama into  existence,  and  how  they  first  purchased  and 
then  renovated  the  Atlas  Theatre  as  a  home  for  the 
Melodrama,  are  stories  that  still  must  be  told. 


47 


This  evidence  of  bartering  is  worthy  of  mention  only  because  the 
CLTP  no  longer  permits  the  exchange  of  complimentary  tickets 
for  services. 

The  Board  was  delayed  when  Miss  Clark  asked  to  be  relieved  of 
duties  as  secretary  because  her  employment  would  preclude  her 
attendance  at  every  meeting.  Although  she  was  subsequently 
replaced  as  secretary,  she  continued  to  serve  on  the  Board  and 
work  on  productions  until  ill  health  compelled  her  to  seek  the 
solitude  of  the  Big  Horns  in  1933.  The  diary  that  records  her  last 
years  in  the  wilderness  has  been  published  in  Annals  of  W\om- 
mg,  October,  1967. 

The  play  selected  for  reading  that  night ,  "The  Drums  of  Oude, " 
became  part  of  the  CLTP's  fourth  production  on  January  28, 
1931  when  it  was  presented  along  with  "Rosalind"  at  the  Con- 
sistory Temple. 

Most  of  those  interviewed  who  attended  the  plays  of  the  thirties 
remember  Alice  Fairchild  as  a  talented  and  versatile  actress,  one 
who  could  play  any  character  to  perfection,  making  audiences 
sympathize  with  even  the  most  despicable.  But  Mrs.  Fairchild 
insists  that  Virginia  Kershisnik,  president  of  the  Players  in 
1939-1940,  was  by  far  the  finest  actress  of  the  decade  and  that 
Fern  Herring  ran  a  close  second.  The  actors  most  frequently 
remembered  are  Bill  DeVere,  Barrie  O'Daniels,  John  Godfrey, 
and  Lieutenant  W.  C.  Stanton,  Harold  Vaughn  is  remembered 
as  the  big  man  with  the  big  voice;  his  singing  filled  the  Con- 
sistory on  more  than  one  occasion. 


William  DeVere,  Jr.  now  lives  in  Charlotte,  N.  C.  He  might 
have  been  asked  about  his  father's  origins,  but  I  preferred  to 
allow  William,  Sr.  to  retain  the  enigmatic  quality  he  cultivated 
in  Cheyenne. 

I  have  been  told  that  Porter,  DeVere,  and  Fairchild  jointly  con- 
ceived the  Frontier  Days  Rodeo  Night  Show,  bringing  Sally 
Rand,  the  fan  dancer,  to  Cheyenne  in  1935,  and  that  DeVere 
originated  the  now  annual  Kiwanis  Clambake.  Not  being  within 
the  scope  of  this  history,  these  tidbits  have  not  been  confirmed. 
The  program  also  includes  the  names  of  the  members  of  the 
Board  of  Directors,  the  producing  director,  the  stage  manager, 
the  property  committee,  the  players,  and  others  who  par- 
ticipated in  the  performance.  These  names  include  Janet  Pear- 
son, Fern  Herring,  and  Alice  Fairchild,  all  destined  to  become 
president  of  the  Players  by  1937. 


48 


'Roving  Over 
the  Wilds 
of  Wyoming' 

By  Margaret  E.  Nielsen 


On  August  4,  1907,  Leroy  Stines  sent  a  postcard 
from  Winchester,  Wyoming,  to  Blanche  Lewis,  the  girl 
he  left  behind  in  Fairmont,  Nebraska.  The  picture  on  it 
showed  Roy,  in  engineer's  clothing  — pinch-crowned 
hat,  open-necked  shirt,  rumpled  trousers  tucked  into 
laced  boots  — standing  behind  a  surveyor's  transit  check- 
ing his  notes. 

The  inscription  on  the  card  read,  "Such  things  as 
these  are  occasionally  seen  roving  over  the  wilds  of  Wyo- 
ming. Have  camera  now.  R.S." 

After  two  years'  surveying  for  the  Chicago,  Burl- 
ington and  Quincy  Railroad,  he  still  considered  himself 
lucky  to  be  in  the  wilds.  Although  he  had  always  been 
frail,  he  was  expected,  as  the  oldest  child,  to  work  long 
hours  on  the  family  farm,  "setting  an  example  for  the 
hired  man."  When  he  graduated  from  high  school,  he 
had  little  hope  for  anything  but  a  life  of  unremitting 
labor.  When  his  father  asked  him  if  he  wanted  to  go  to 
the  State  University  in  Lincoln,  he  eagerly  accepted  the 

49 


opportunity.  Although  mathematics  had  never  been  one 
of  his  strong  points  he  chose  a  major  in  engineering. 
After  two  years  of  grappling  with  physics,  mechanical 
drawing,  and  surveying,  he  learned  that  the  Chicago, 
Burlington  and  Quincy  Railroad  was  looking  for 
engineers  to  lay  out  a  proposed  line  from  Frannie,  Wyo- 
ming to  Lander. 

Roy  had  dreamed  of  going  west  since  boyhood.  In 
the  fall  of  1905,  when  the  Burlington  sent  out  an  urgent 
call  for  surveyors,  the  line  was  driving  hard  to  beat  the 
Chicago  Northwestern  Railroad  to  the  markets  of  the 
lucrative  mining  and  cattle  country  of  northern  Wyo- 
ming. With  the  opening  of  the  Wind  River  Indian  Res- 
ervation for  settlement.  Lander  would  be  one  of  the 
chief  registration  points  for  new  claims,  and  the  Burl- 
ington was  pushing  the  line  south  to  head  off  competi- 
tion from  the  Northwestern.' 

A  BurHngton  folder,  issued  in  1906,  had  described 
the  changes  in  the  Big  Horn  Basin  since  the  advent  of 
the  railroad  in  1901. 

What  was  then  an  almost  unknown  and  thinly  inhabited 
region,  giving  little  and  taking  little  from  the  outside  world, 
is  today  one  of  the  great  wealthy  sections  of  America.  Even 
greater  changes  will  come  within  the  next  few  years  for  the 
Burlington  is  penetrating  the  Basin  with  a  new  line  from 
Frannie  .  .  .  through  the  Basin  to  Worland  on  the  Upper 
Big  Horn  River.  This  new  line  will  open  up  a  section  so  rich 
that  it  seems  well  nigh  impossible  to  speak  of  it  too  highly.^ 
James  J.  Hill,  in  describing  the  larger  picture  of  the 
"ocean  to  ocean"  market  wrote: 

Cross  the  Pacific,  and  what  do  we  find?  Millions  of  people; 
and  what  can  they  buy?  .  .  .  (The  Asian)  will  want  of  us 
only  the  simple  staples,  as  grain,  provisions,  raw  cotton, 
etc.,  from  which  to  weave  his  cloth,  and  perhaps  a  little 
lumber,  coal  and  some  hand  tools.  But  his  principal  de- 
mand vfilX  be  just  the  products  which  the  present  (and) 
coming  population  of  America's  great  central  and  western 
zone  is  prepared  to  furnish  .  .  .  Now  the  Burlington  has 
food  and  fuel  to  a  degree  not  possessed  by  any  other 
transportation  system.  Reaching  from  Chicago  to  Denver, 
and  from  the  Twin  Cities  to  St.  Louis  and  Kansas  City,  it 
covers  the  richest  and  most  diversified  zone  in  the  produc- 
tion of  grain,  provisions  and  fuel.  What  do  these  central 
prairies  .  .  .  require  in  return?  They  need  lumber.  From 
where  is  the  lumber  to  come?  From  Washington  and  British 
Columbia  .  .  .  What  then  have  we  reached?  We  have  a 
tremendous  volume  of  traffic  across  the  Northwest  between 
Puget  Sound  and  the  Mississippi  Valley.  The  northern 
railroads  will  carry  westward  the  meat,  corn  and  coal, 
together  with  the  raw  cotton  originating  within  Burlington 
territory  at  St.  Louis,  and  will  place  these  products  on  the 
Pacific  docks  for  export  to  Asia,  and  for  the  return  trip  the 
freight  trains  will  bring  back  lumber  for  the  Central  and 
the  East.^ 

Roy  Stines  was  unaware  of  this  grandiose  scheme  for 
the  Burlington's  future.  To  him,  signing  on  meant  a 
chance  to  see  a  virgin  area  before  it  lost  its  wild  west  ap- 
peal. 

When  the  fledgling  group  of  engineers  arrived  at  a 
camp  on  the  barren  plains  of  northern  Wyoming,  Hugh 


Butler  was  division  engineer  for  the  railroad.  A  1900 
graduate  of  Doane  College  in  Crete,  Nebraska,  Butler 
had  taken  a  temporary  job  with  the  Burlington  to 
finance  his  law  school  education.  He  began  as  a  laborer, 
chopping  sunflowers  and  driving  stakes  for  a  surveying 
crew  in  Kansas.  At  Doane  he  had  learned  to  read  a  Ver- 
nier transit  used  in  the  construction  of  the  Hoosac  Tun- 
nel by  Thomas  Doane.  Doane  was  founder  of  the  college 
and  chief  engineer  of  the  Burlington. 

The  transit  boss,  A.  F.  Hoagland,  impressed  with 
his  ability,  loaned  Butler  a  copy  of  Searles  Field  Engi- 
neering, and  he  progressed  rapidly  from  rear  chain  man 
to  level  man  to  field  engineer."  By  the  time  he  went  to 
the  St.  Joseph  office,  it  was  assumed  that  he  was  a  grad- 
uate engineer. 

But,  when  he  tried  to  figure  the  stresses  on  a  bridge 
he  admitted  he  didn't  know  enough  to  do  the  job.  His 
superior  roared  with  laughter  when  Butler  told  him, 
"All  the  engineering  I  had  was  trigonometry,  calculus, 
and  .  .  .  I've  got  an  old  copy  of  an  engineering  book." 
His  supervisor  told  him,  "Look  here.  You  wouldn't 
want  to  embarrass  all  of  us  would  you?  I'm  giving  you 
orders  to  keep  quiet  about  this.  And  if  you  happen  to  get 
stuck,  don't  tell  anyone  you  don't  know  what  to  do. 
Come  see  me."^ 

Butler  was  assigned  to  Burlington  West  where  he 
learned  that  the  Burlington  had  convinced  the  Secretary 
of  the  Interior  that  it  could  complete  a  line  from  Bill- 
ings, Montana,  to  Worland,  Wyoming,  in  time  for  the 
opening  of  the  Wind  River  Indian  Reservation.  In  addi- 
tion to  Worland,  Lander,  a  town  on  the  Chicago  and 
Northwestern,  was  a  registration  point.  The  competing 
road  was  well  out  in  front  and  Burlington  had  decided 
to  gamble  on  their  young  engineer's  drive  and  ingenuity 
in  the  last  stretch.^ 

When  Stines'  crew  arrived,  track  laying  had  almost 
been  completed.  The  bridge  building  was  left  to  the 
last.  It  was  this  task  which  confronted  the  engineers. 
They  found  Butler  to  be  a  hard-driving  and  innovative 
supervisor. 

As  the  competition  between  the  railroads  reached  a 
fever  point,  the  Tkermopolis  Record  kept  up  a  constant 
stream  of  reports,  or  rumors,  that  a  railroad  would  soon 
be  built  to  the  "Hot  City." 

On  September  16,    1905,   a  front  page  article  an- 
nounced in  headlines  that  the  Burlington  would  build  a 
branch  from  Worland  to  Thermopolis,  and  the  Chicago 
Northwestern  was  planning  a  feeder  from  Thermopolis 
to  Shoshoni,  at  the  south  end  of  the  Wind  River  Can- 
yon. In  succeeding  issues,  the  paper  reported  that: 
there  is  great  activity  at  McShane's  tie  camp  .  .  .  Both  roads 
are   aiming  at  the  same  spot  to  develop  a  new  mining 
district.   .    .    .  The  Northwestern  Railroad  is  surveying  a 
route  from  the  new  town  of  Shoshoni  in  a  westerly  direc- 
tion, and  up  the  Wind  River  Canyon.' 


50 


Bill  Nye,  in  1880,  described  the  short  work  season  in 
Wyoming: 

the  climate  is  erratic,  eccentric  and  peculiar  .  .  .  (and)  the 
early  frosts  make  close  connections  with  the  late  spring  bliz- 
zards, so  that  there  is  only  time  for  a  hurried  lunch  be- 
tween .  .  .* 
When  snow  enveloped  the  camp,  work  was  shut  down 
for  the  season.  During  the  winter  the  decision  was  made 
to  continue  the  line  south  from  Worland  toward  Ther- 
mopolis.  By  April,  "three  large  corps  of  engineers  have 
been  thrown  into  the  field  by  the  Burlington."' 

Ice  still  encrusted  the  river  when  the  men  returned 
to  work.  One  heavy-laden  wagon,  which  broke  through 
the  ice,  had  to  be  unloaded,  and  the  contents  carried  to 
shore  before  the  horses  could  struggle  to  dry  land.  The 
melting  ice  presented  another  problem  when  the  flood- 
ed river  threatened  to  carry  away  the  tents  pitched  on 
the  low  shore.  The  men  picked  up  the  frame  and  canvas 
tents  and  carried  them  to  higher  ground. 

Progress  dovvTi  the  grassy  valley  of  the  Big  Horn  was 
rapid  that  summer.  They  were  at  the  mouth  of  Goose- 
berry Creek  by  December.  "[Pjresent  objective  is  the 
Gebo  coal  mine  below  Thermopolis."  Surveys  were  also 
run  up  Kirby  Creek  toward  the  Stine  mine.'" 

Reports  of  "a  rich  vein  south  of  Thermopolis"  and 
"the  recovery  of  gold-bearing  ore"  may  have  precipitat- 
ed the  Burlington's  decision  to  explore  the  possibilities  of 
a  line  through  the  rugged  Wind  River  Canyon.'^  This 
steep-walled  chasm  would  prove  to  be  the  most  costly 
section  of  the  whole  line.'^  At  times  precipitous  walls 
rose  directly  from  the  banks  of  the  river,  threatening  to 
blot  out  the  sky.  Much  blasting  would  be  required. 
Where  the  construction  crews  could  not  go  around  the 
steep  cliffs,  they  would  tunnel  through.  The  rocks  from 
the  blasting  would  be  removed  by  hand,  and  hauled  out 
in  wheelbarrows.'^ 

As  the  crew  pushed  down  the  canyon,  dodging  fall- 
ing rock,  clinging  to  or  climbing  over  giant  boulders, 
charting  tunnels  through  barriers  of  solid  rock,  Stines' 
camera  recorded  the  work  and  the  rare  moments  of 
relaxation  in  camp. 

Sundays  gave  the  engineers  a  chance  to  pore  over 
charts  and  maps  in  daylight  rather  than  the  uncertain 
glimmer  of  kerosene  lamps.  It  was  also  a  time  for  wash- 
ing clothes,  reading,  playing  cards  or  swapping  tall  tales 
around  the  campfire.  One  enterprising  soul  had 
brought  a  Victrola  into  camp.  They  listened  to  the  tunes 
of  the  day  while  tipping  the  bottles  smuggled  into  camp 
by  the  person  assigned  to  climb  out  to  the  east  and  take 
"a  trail  to  Bird's  Eye  Pass,  a  stage  coach  station  on  the 
top  of  the  mountain,  to  get  the  mail."'''  When  time 
hung  heavy  on  their  hands,  there  were  always  stakes  to 
be  chopped.  Stines  sent  a  picture  of  himself  at  this  oc- 
cupation entitled,  "Making  'stake'  in  Wm."  r 

Deer,  elk,  and  big  horn  sheep  browsed  near  their 
surveys,  presenting  a  challenge  to  hunters  and  providing 


an  ever-present  supply  of  fresh  meat.  A  climb  to  a  rocky 
point  on  the  cliffs  afforded  a  view  of  the  rushing  water 
800  to  2000  feet  below  and  of  the  tableland 
beyond.  The  men  came  to  know  one  outcropping  as 
"chimney  rock."  At  another  point,  two  towering  col- 
umns seemed  to  lean  against  each  other  for  support  like 
two  of  the  crew  after  a  night  out. 

The  narrow  canyon  with  its  steep  walls  had  long 
been  a  barrier  to  travelers  going  south.  For  many  years, 
settlers  were  unaware  that  the  Big  Horn  River 
emerging  from  the  north  end  was  known  as  the  Wind 
River  at  the  southern  entrance. 

Much  to  the  consternation  of  the  uninitiated  geography 
student,  the  Indians  had  two  names  for  the  stream:  Big 
Horn  for  the  lower  portion  and  Wind  for  the  headwaters. 
There  the  topography  lent  to  a  gathering  of  the  winds  as 
they  flowed  down  the  slopes  of  the  (Wind  River)  mountains 
until  in  reality  there  was  the  "Big  Wind."  The  dividing 
point  in  the  stream  is  at  the  north  end  of  the  .  .  .  canyon 
where  "The  Wedding  of  the  Waters"  .  .  .  takes  place.  It  is 
akin  to  a  bride  entering  a  church  under  one  name  and  leav- 
ing it  with  another.  This  adds  a  bit  of  romance  to  the  two 
names  that  continued  to  designate  the  one  stream  down 
through  the  years.'* 

The  first  white  men  likely  to  have  gone  the  length  of 
this  mountainous  trench  were  with  the  party  of  fur 
trader  William  Ashley.  In  his  report  to  General  Henry 
M.  Atkinson  on  his  trip  from  the  rendezvous  on  the  Yel- 
lowstone in  1822,  Ashley  wrote: 


"Things  such  as  these  are  occasionally  seen  rox/ing  over 
the  wilds  of  Wyoming" — Stines  postcard  from  Winches- 
ter,  Wyoming. 


51 


"Over  800  feet  to  the  ground   —Red  Mountain  over- 
look. 

The  only  very  rugged  part  of  the  route  is  in  crossing  the  Big 
Horn  Mountain  which  is  about  30  miles  wide.  I  had  the  Big 
Horn  river  explored  from  the  Wind  River  Mountain  to  my 
place  of  embarkation.  There  is  little  or  no  difficulty  in  the 
navigation  of  that  river  from  its  mouth  to  Wind  River 
Mountain.  It  may  be  ascended  for  that  far  at  a  tolerable 
stage  of  water  with  a  boat  drawing  three  feet  of  water." 
The  Thermopolis  Record  of  April  13,  1907,  de- 
scribed a  trip  made  down  the  river  seven  years  earlier: 
So  far  as  we  are  able  to  learn  this  was  the  first  passage  of  the 
gorge  by  white  men.  The  primary  object  of  the  venture  was 
to  see  what  sort  of  mineral  prospects  were  revealed  where 
the  mountains  are  cleft  as  by  the  stroke  of  a  sword  in  the 
hands  of  a  giant.  The  love  of  adventure  was  perhaps  a 
strong  secondary  consideration.  The  fifteen  day  trip  was 
made  more  difficult  because  the  river  was  low  and 
numerous  rocks  protruded  that  would  have  been  safely 
covered  in  higher  water. 

The  men  met  the  problem  of  shooting  the  rapids 
with  considerable  ingenuity.  When  they  saw  the  need  of 
lightening  the  boat,  they  threw  out  the  four  deer  and 
three  sheep  they  had  shot. 

Strange  to  say,  they  were  recovered  farther  down.  ...  In 
one  place  the  skiff  wedged  between  two  rocks  and  the 
dashing  water  filled  it  almost  immediately.  Close  by  was  a 
rock  pinnacle,  about  the  size  of  a  fence  post,  rising  from  the 
water.  Taking  a  wagon  sheet  from  the  boat,  the  men 
wrapped  it  around  the  rock,  where  it  froze  solid  in  a  minute 
or  two,  making  a  sort  of  toadstool  in  the  middle  of  the 
river.  Onto  this  they  loaded  the  entire  contents  of  the  boat 
and  then  stepped  out  onto  a  nearby  rock.  Relieved  of  its 
weight,  the  boat  was  tossed  into  the  air  by  the  current, 
turned  completely  over  and  dropped  more  than  twenty  feet 
downstream.  After  considerable  work  it  was  righted  and 
the  outfit  replaced  with  nothing  more  than  a  thorough 
drenching." 

The  discovery  of  coal  brought  changes  after  that 
daring  journey.  There  were  numerous  miner's  camps 
scattered  along  the  stream. 

Trips  into  Thermopolis  were  a  much  anticipated 
event  for  the  surveyors.  There  they  relaxed  in  the  water 
of  the  "world's  largest  mineral  hot  spring."  In  years  to 
52 


come,    successive    Burlington    folders    advertised    the 
benefits  of  the  132°  mineral  springs: 

Any  persons  suffering  from  rheumatism,  stomach  troubles, 
catarrh,  or  nervous  breakdown,  may  well  spend  a  few 
weeks,  or  months,  drinking  and  bathing  in  these  waters 
from  the  hot  interior  of  the  earth.'" 

With  the  promise  of  a  railroad  connecting  Ther- 
mopolis with  the  more  populous  sections  of  the  country, 
plans  were  underway  for  a  new  sanitarium: 

to  be  erected  here  by  a  company  headed  by  Dr.  A.  G. 
Hamilton  of  Springfield,  Neb.  .  .  .  The  building  is  to  be 
composed  of  a  main  structure  and  two  wings,  200x200  feet 
in  size,  two  stories  and  a  basement.  .  .  .  Every  modem  con- 
venience is  to  be  installed  and  it  is  the  design  of  the  pro- 
moters to  make  this  sanitarium  one  of  the  best  in  the  coun- 
try. The  cost  is  to  be  upwards  of  $100,000." 
These  plans  mirrored  the  general  feeling  of  opti- 
mism in  the  little  tovwi. 

Settlers  were  pouring  in  to  take  up  claims  on  a  newly 
opened  portion  of  the  Wind  River  Indian  Reservation  .  .  . 
while  to  the  north  .  .  .  enormous  coal  deposits  brought 
promise  of  a  prosperous  future.  Hotels,  blacksmith  shops, 
general  stores,  meat  markets,  lumber  yards  — all  were  busy 
and  expanding  — and  so  were  the  saloons.  Music  could  be 
heard  coming  from  them  day  and  night.  Yet  there  was 
relatively  little  trouble,  for  several  churches  and  a  new 
school  gave  the  stability  often  lacking  in  a  burgeoning 
town.^° 

In  spite  of  the  town's  new-found  respectability, 
Stines  was  more  interested  in  its  past  when  it  had  been 
the  hangout  of  outlaws  whose  exploits  matched  those  of 
the  desperadoes  in  the  dime  novels  of  his  boyhood.  Less 
than  ten  years  before  it  was: 

the  preferred  rendezvous  for  such  noted  outlaws  as  Kid 
Currie  and  Butch  Cassidy's  Hole  in  the  Wall  gangs.  These 
outfits  would  come  into  the  country  for  entertainment,  to 
shoot  up  old  Thermopolis  [at  the  mouth  of  Owl  Creek]  col- 
lect some  revenue  or  gain  a  few  recruits.  Other  outlaws  of 
lesser  attainments,  horse  thieves,  common  murderers  or 
post  office  robbers  frequented  the  locality  to  rest  up  from 
one  exploit  and  plan  new  ones.  .  .  .  And  while  enjoying  the 
health  giving  springs,  should  the  eye  of  the  law  be  turned 
towards  them,  it  was  easy  to  vanish  into  the  mountain 
defiles  nearby.  A  story  is  told  that  several  of  the  Hole  in  the 
Wall  gang  that  lived  near  Thermopolis  and  their  kids  went 
to  school  there. ^' 

In  late  fall,  the  project  head  pushed  the  crew  to 
finish  as  much  of  the  survey  as  possible  before  snow 
obliterated  the  rugged  terrain.  This  meant  long  hours  of 
work  then  a  walk  of  two  or  three  miles  back  to  camp  for 
the  night.  Stines  was  small,  but  wiry,  and  kept  pace  with 
the  others.  When  the  last  stake  was  driven,  the  men 
broke  camp  and  returned  to  Thermopolis. 

Stines  checked  into  a  hotel  room  and  collapsed  on 
the  bed.  Late  the  next  morning  he  woke  with  a  start.  In 
the  darkened  room  he  sensed  that  someone  was  staring 
at  him.  He  turned  toward  the  door  and  saw  a  man's 
head  outlined  in  the  transom.  When  confronted  the  em- 
barrassed room  clerk  told  Stines  he  was  concerned 
because  he  had  not  seen  Stine's  since  late  afternoon  the 
day  before.  He  had  come  to  check  on  him. 


Stines'  cousin,  Harry  Smith,  also  of  Fairmont,  had 
signed  on  with  the  BurHngton  about  the  same  time. 
Assigned  to  a  corps  of  engineers  south  of  the  canyon,  he 
started  as  Hugh  Butler  had  done,  chopping  brush  and 
driving  stakes.  He  soon  progressed  to  other  surveying 
tasks. 

Early  in  his  stay,  he  saved  his  earnings  as  a  laborer  to 
fulfill  a  longtime  desire  to  ride  across  the  plains  in  full 
cowboy  regalia.  When  he  had  accumulated  the  proper 
hat,  woolly  chaps  and  gloves,  red  shirt,  bandana,  pistol 
and  holster,  he  borrowed  a  horse  and  had  his  picture 
taken  to  send  back  to  the  folks  at  home.  He  soon  learned 
that  the  chaps  and  high-heeled  boots  were  fine  for 
riding  through  heavy  brush,  but  were  a  definite  han- 
dicap when  walking  across  the  rough  terrain. 

When  Stines  was  camped  near  Thermopolis  one 
year,  the  cousins  agreed  to  meet  in  the  canyon  and 
spend  Christmas  together.  At  the  appointed  time,  Stines 
started  walking  from  camp,  ploughing  through  waist 
deep  snow  drifts,  while  Smith  on  his  borrowed  horse 
rode  up  from  the  south.  When  they  met.  Smith  helped 
his  exhausted  cousin  onto  the  horse  and  they  took  turns, 
riding  and  floundering  through  the  snow  until  they 
reached  Stines'  camp. 

In  1908,  as  the  surveyors  neared  completion  of  their 
work,  rumors  flew  as  to  the  future  of  the  route.  "The 
Northwestern  was  building  up  the  canyon  from  the 
south  and  the  Burlington  was  ready  to  lay  track."  "Both 
railroads  were  cooperating  on  a  common  line  through 
the  canyon."  "The  Northwestern  backed  Asmus  Boysen 
who  wanted  to  build  a  dam  which  would  block  the  traf- 
fic." "Both  railroads  were  working  to  keep  the  canyon 
open."^^ 

To  Thermopolis,  the  need  for  a  railroad  was  of 
paramount  importance. 

No  other  question  so  vitally  affecting  the  state  of  Wyoming 
and  its  people  has  recently  arisen  equal  to  that  involved  in 
the  application  by  state  engineer  Asmus  Boysen  for  a  per- 
mit to  construct  a  60  foot  power  dam  in  Windriver  canyon, 
12  miles  south  of  Thermopolis.  It  is  of  vital  interest  to  every 
citizen  of  the  state  who  looks  forward  to  its  growth  and  set- 
tlement along  natural  lines.  .  .  .  Careful  and  repeated 
surveys  have  demonstrated  that  there  is  no  feasible  route 
between  the  two  districts  [the  Big  Horn  Basin  and  the  re- 
mainder of  the  state].  .  .  .  The  fact  that  the  citizens  of  Big 
Horn  County  must  now  go  through  Montana,  Wyoming, 
South  Dakota  and  Nebraska,  and  thence  west  through 
Nebraska,  to  reach  the  state  capitol,  when  they  could  reach 
the  same  point  in  about  10  hours  if  they  had  a  railroad  con- 
nection .  .  .  presents  an  irrefutable  argument  in  favor  of 
keeping  the  Wind  River  canyon  free  from  any  obstructions 
to  railroad  building.  At  this  time,  by  a  stage  route  of  50 
miles,  over  an  almost  impassable  mountain,  travel  can  go 
via  Shoshoni,  but  no  one  will  consider  such  a  route  if  it  is 
possible  to  secure  railroad  connection  .  .  .  The  advantages 
to  accrue  to  farmers  and  stock  growers  are  not  to  be 
minimized,  in  that  they  will  have,  by  the  Wind  River  can^ 
yon  route,  a  direct  line  to  market,  where  now  they  must 
ship  by  the  circuitous  route  through  Montana. ^^ 


Although  the  dam  was  eventually  built  at  a  lower 
level,  it  was  finally  removed  when  it  caused  flooding  of 
the  tracks.  In  1909,  the  Burlington  began  laying  track 
from  Kirby  south  through  the  canyon  to  Orin  Junction 
and  a  link  with  the  east-west  line  through  Nebraska,  as 
well  as  the  northern  end  of  the  Colorado  and  South- 
ern.^" 

In  1908,  with  work  at  a  standstill,  Hugh  Butler  felt 
he  could  no  longer  ask  his  wife  to  live  in  tents  or  box  cars 
while  he  followed  the  railroad  around  the  country.  He 
returned  to  Nebraska  to  become  manager  of  Curtis 
Mills. ^'^  From  1940  to  1954,  he  served  as  a  United  States 
Senator  from  Nebraska. 

Harry  Smith  went  back  to  the  family  farm  near  Fair- 
mont. Roy  Stines  worked  for  the  United  States  Reclama- 
tion Service  to  work  on  an  irrigation  project  linking  the 
Tieton  River  in  the  Cascade  Mountains  of  Washington 
to  the  dry  bed  of  the  Cowichee  River. '^^ 

When  his  father,  Shelley  Stines,  and  other  relatives, 
organized  the  Bank  of  Fairmont,  Roy  returned  to 
Nebraska  to  become  cashier  of  the  bank.  He  married 
Blanche  Lewis  and  settled  down  to  the  life  of  husband, 
father,  and  small  town  banker.  Through  the  years,  the 
two  cousins  spent  many  hours  reminiscing  about  their 
youthful  adventures. 

Roy  once  remarked,  "I  never  hear  a  train  whistle 
that  I  don't  want  to  get  on  it  and  head  west." 

1.  David  J.  Wasden,  From  Beaver  to  Oil,  (Cheyenne:  Pioneer 
Press,  1973),  pp.  238-9. 

2.  Val  Kuska.  "The  Burlington  and  Big  Horn  Basin,"  paper,  1959, 
Nebraska  State  Historical  Society  Archives,  Lincoln. 

3.  Ibid. 

4.  Ben  F.  and  Ruth  M.  Sylvester,  A  Man  and  His  College;  The 
Butler-Doane  Story,  (Crete,  Nebr.:  Doane  College  Press,  n.d.), 
p.  61. 

5.  Ibid.,  pp.  72-73. 

6.  Ibid.,  p.  76. 

7.  The  Thermopolis  Record,  Sept.  30.  1905. 

8.  T.  A.  Laison,  A  History  of  Wyoming,  (Lincoln:  University  of 
Nebraska  Press,  1965),  p.  360. 

9.  Record,  April  7,  1906. 

10.  Ibid.,  Dec.  1,  1906. 

11.  Ibid.,  Jan.  6,  1907. 

12.  Wasden,  p.  239. 

13.  Ibid. 

14.  Vera  D.  Sabin,  "That  Wind  River  Canyon  Job,  '  Rail  Classics, 
(January,  1979),  p.  20. 

15.  Wasden,  p.  91. 

16.  Ibid.,  p.  24. 

17.  Record,  April  13,  1907. 

18.  Burlington   Route,     'Big  Horn   Basin,   Wyoming,"   pamphlet, 
1929. 

19.  Record,  April  13,  1907. 

20.  Dorothy  Milek,  Thermopolis,  letter  to  author,  October  1,  1979. 

21.  Wasden,  pp.  287-288. 

22.  Record,  Feb.  15.  1908. 

23.  Ibid. 

24.  Richard  C.  Overton,  Burlington  Route;  History  of  the  Burl- 
ington Lines,  (New  York:  Alfred  Knopf,  1965),  p.  276. 

25.  Sylvester,  pp.  78-79. 

26.  Spokesman-Review,  (Spokane,  Wash.),  Aug.  22,  1909. 


53 


By  Philip  J.  Roberts 


Thomas  Edison  conceived  the  idea  of  the  incandes- 
cent light  while  he  was  visiting  in  Wyoming  in  the  sum- 
mer of  1878.  At  least  that  is  the  legend.  The  event  is 
proudly  advertised  on  the  Wyoming  highway  map  and 
commemorated  by  a  marker  thirteen  miles  west  of  En- 
campment along  State  Highway  70  in  Carbon  County.' 
The  inscription  on  the  marker  reads: 

Thomas  A.  Edison  camped  near  this  spot  in  1878,  while 
on  a  fishing  trip.  It  was  here  that  his  attention  was  directed 
to  the  fiber  from  his  bamboo  fish  pole  which  he  tested  as  a 
suitable  filament  for  his  incandescent  electric  lamp.  Bom 
February  11,  1847.  Died  October  18.  1931.  Age  84.  Placed 
by  the  Historical  Landmark  Commission  of  Wyoming, 
1949. 

How  a  famous  inventor  camped  in  the  wilds  and  ac- 
tually solved  a  problem  that  had  vexed  him  after  months 
of  experimentation  in  a  laboratory  would  be  an  ex- 
cellent argument  for  the  value  of  wilderness  as  well  as  a 
good  story. ^  Unfortunately,  the  story  cannot  be  proven 
and,  in  fact,  evidence  seems  to  disprove  it. 

Although  the  originator  of  the  story  cannot  be  de- 
termined, the  earliest  written  account  of  the  tale  is  a 
1922  article  submitted  to  a  company  magazine  by  "an 
eyewitness"  to  the  events  described.  The  writer,  R.  M. 
Galbraith,  was  a  retired  Union  Pacific  Railroad 
employee  who  had  written  the  article  more  than  forty 
years  after  the  Edison  trip  had  been  made.  Galbraith, 
then  living  in  Pine  Bluff,  Arkansas,  wrote  Howard 
Elliott,  the  editor  of  the  Union  Pacific  Magazine,  a  cover 
letter  along  with  the  eight -page  account  of  the  Edison 
fishing  expedition.  "I  did  not  return  from  my  Western 
trip  until  about  a  week  ago,  hence  my  seeming  delay  in 
complying  with  your  request  that  I  write  something  that 
might  be  of  interest  to  the  readers  of  your  valuable 
magazine,"  Galbraith  wrote. ^  While  it  is  clear  that 
Elliott  solicited  the  manuscript,  there  is  no  evidence  that 
Elliott  knew  earlier  about  the  Edison  portions.  Curious- 
ly, the  Galbraith  account  makes  no  mention  of  the 
fishing  pole  and  the  bamboo  filaments: 

After  we  had  been  there  about  three  days,  one  morning 
at  the  breakfast  table,  Edison  was  asked  by  Professor 
Barker,  "Well,  Tom,  how  did  you  rest  last  night?"  "Well," 
he  said,  "I  wasn't  thinking  about  resting.  I  lay  and  looked 
up  at  the  beautiful  stars  and  clear  sky  light,  and  1  invented 
an  incandescent  electric  light.  ^ 

An  examination  of  newspaper  reports  of  the  time, 
biographical  material  on  Edison  and  recollections  of 
contemporaries  fail  to  authenticate  the  Galbraith  story. 
What  does  appear,  however,  is  an  interesting  and 
engaging  tale  of  how  a  famous  inventor  came  West  in 
the  name  of  science,  stayed  on  to  enjoy  his  first  vacation 
in  over  sixteen  years  and  returned  East  refreshed  and 
prepared  to  continue  experimentation  with  electric 
lighting. 

Edison  was  already  a  famous  inventor  when  he  was 
visited  by  his  friend  Professor  George  F.  Barker  in  his 


54 


Menlo  Park,  New  Jersey,  laboratory  one  spring  day  in 
1878.  Barker,  a  professor  of  physics  at  the  University  of 
Pennsylvania,  planned  to  participate  in  an  expedition  to 
view  a  total  solar  eclipse  that  summer  and  he  invited 
Edison  to  join  the  party. ^  Henry  Draper,  professor  of 
chemistry  at  New  York  University  Medical  School  and 
pioneer  astronomical  photographer,  was  organizing  the 
trip.'^ 

Although  Edison  had  not  had  a  vacation  from  his 
laboratory  in  many  years,  he  agreed  to  join  the  expedi- 
tion only  after  he  saw  it  as  an  opportunity  to  test  one  of 
his  latest  inventions.  The  device,  a  tasimeter,  was 
designed  to  measure  minute  changes  in  temperature 
down  to  one -millionth  of  a  degree  Fahrenheit.^  It  was 
popularly  reported  that  if  a  man  smoking  a  cigar 
entered  the  room  where  a  tasimeter  was  placed,  the  in- 
vention would  recognize  the  temperature  change  in  the 
room.*  An  eclipse  would  be  a  perfect  phenomenon  dur- 
ing which  the  device  could  be  tested,  Edison  believed. 

Astronomers  had  calculated  the  "line  of  central 
eclipse"  as  running  from  the  Bering  Strait,  British  Col- 
umbia, Wyoming,  Texas  and  into  the  Gulf  of  Mexico.' 

Parties  of  astronomers  from  around  the  world  chose 
viewing  locations  along  the  arc.  Some  went  to  Denver, 
Pikes  Peak  and  Santa  Fe.  Draper  picked  the  decade-old 
railroad  town  of  Rawlins,  Wyoming,  for  his  eclipse 
headquarters.  Only  600  people  lived  in  the  frontier 
town.'" 

After  several  weeks  of  preparation,  Edison  and  the 
Draper  party  left  New  York  on  July  13  at  8:30  p.m.  A 
New  York  newspaper  reported  that  the  party  left  that 
Saturday  evening  from  Pennsylvania  Station  bound  for 
Chicago.  "The  Pennsylvania,  the  Chicago  and  North- 
western and  the  Union  Pacific  Railroads  and  the 
American  Express  Company  have  granted  the  most 
liberal  terms  to  the  party,"  the  newspaper  reported."  A 
front  page  article  in  the  same  paper  mistakenly  listed 
Edison's  destination  for  the  eclipse  as  "Nevada"  but  the 
inside  page  item  read:  "Prof.  Henry  Draper's  solar 
eclipse  expedition  left  New  York  for  Rawlins,  Wyoming 
Territory.  .  .  ."'^ 

The  party  changed  trains  in  Chicago  where  Edison 
spoke  with  the  local  press.  In  Omaha  he  received  a  note 
from  the  Union  Pacific  Railroad's  superintendent  of 
telegraphy  to:  "Please  permit  him  (Edison)  and 
members  of  his  party  to  ride  on  the  locomotive  or  where 
else  they  may  desire."'' 

Five  days  after  leaving  New  York  City,  the  party 
passed  through  Cheyenne.  "I  am  on  my  way  to  Rawlins 
to  witness  the  eclipse  of  the  sun,  test  my  new  tasimeter, 
and  shall  then  go  to  the  Yosemite  Valley,"  Edison  told  a 
local  reporter.  "I  shall  be  gone  altogether  six  weeks.  This 
is  my  first  vacation  in  16  years,  and  I  have  worked  hard 
during  that  time  as  you  know.  "'" 


The  Cheyenne  newspaper  noted  that  the  thirty-one- 
year-old  inventor  already  had  158  inventions  to  his 
credit  and  would  be  returning  "to  visit  some  of  the  prin- 
cipal places  of  Colorado"  before  returning  home  late  in 
the  summer. 

Later  that  evening  (Thursday,  July  18),  the  party 
stopped  briefly  at  Laramie.  Edison  was  met  at  the  sta- 
tion by  the  telegrapher  at  Wyoming  station,  twelve  miles 
north  of  Laramie.  The  telegrapher,  Johnny  Allyn,  had 
written  to  Edison  four  months  earlier  "believing  you  to 
be  one  T.  A.  E.  who  I  learned  telegraphing  with  when  a 
small  boy  at  Detroit,  Mich. ,  some  fifteen  or  twenty  years 
ago."'''  The  brief  reunion  elicited  mention  in  the 
Laramie  Daily  Sentinel: 

During  the  few  moments  the  train  stopped  here  last 
evening  we  had  an  introduction  to  Professor  Edison,  the 
great  inventor  .  .  .  He  met  here  his  old  chum  Johnny  Allyn 
of  Wyoming  Station.  He  and  John  were  office  boys  together 
in  their  younger  days  and  Edison  seemed  as  pleased  to  meet 
him  as  if  they  had  been  brothers." 

The  special  train,  loaded  with  astronomers,  scien- 
tists and  their  equipment,  arrived  in  Rawlins  late  that 
night.  Edison  and  his  party  may  have  stayed  at  a 
Rawlins  hotel.  One  biographer  incorrectly  states  that  he 
stayed  in  the  only  hotel  in  town.  The  Wyoming  Census 
for  1880  lists  two  such  establishments  there."  Nate 
Craig,  a  telegrapher  in  Rawlins,  recalled  some  years 
later  that  Edison  simply  boarded  at  the  hotel.  Craig 
quotes  Edison:  "We  have  a  special  car  down  there,  on 
the  side  track,  piled  full  of  luggage  and  traps,  in  which 
we  can  sleep,  while  we  can  board  at  the  hotel.""  Lillian 
Heath  Nelson,  then  a  child  of  ten,  recalled  almost  seven- 
ty years  later  that  Edison  lived  at  the  "Rawlins  House, 
Larry  Hayes'  Hotel"  throughout  his  stay  in  town.'' 

Edison  recounted  the  facts  of  his  "first  night  in 
Rawlins"  some  twenty-eight  years  later.  The  story  had 
never  before  been  recorded: 

After  we  retired  and  were  asleep  a  thundering  knock  on 
the  door  awakened  us.  Upon  opening  the  door  a  tall  hand- 
some man  with  flowing  hair  dressed  in  Western  style 
entered  the  room.  His  eyes  were  bloodshot,  and  he  was 
somewhat  inebriated.  He  introduced  himself  as  "Texas 
Jack"  —Joe  Chromondo  [sic]  —  and  said  he  wanted  to  see 
Edison  as  he  had  read  about  me  in  the  newspapers  .  .  .  Jack 
explained  that  he  had  just  come  in  with  a  party  that  had 
been  hunting,  and  that  he  felt  fine.  He  explained,  also  that 
he  was  the  boss  pistol  shot  in  the  West;  that  it  was  he  who 
had  taught  the  celebrated  Dr.  Carver  how  to  shoot.  Then 
suddenly  pointing  to  a  weather  vane  on  the  freight  depot, 
he  pulled  out  a  Colt  revolver  and  fired  through  the  window, 
hitting  the  vane.  The  shot  awakened  all  the  people  and 
they  rushed  in  to  see  who  was  killed.  It  was  only  after  I  said 
I  was  tired  and  would  see  him  in  the  morning  that  he  left.™ 
Texas  Jack's  complete  name  was  John  Omohundro. 
Born  in  Virginia  in  1846,  he  became  famous  first  as  a 
scout  for  the  army  at  Fort  McPherson  and  later  as  a 
guide  for  hunting  parties  in  the  West.  In  1873  he  toured 


55 


the  East  with  WiUiam  F.  Cody  (Buffalo  Bill)  and  his 
Wild  West  Show.  The  next  year  he  was  guiding  the  Earl 
of  Dunraven  to  Yellowstone.  Ned  Buntline  wrote  a 
"dime  novel"  featuring  his  exploits  as  an  army  scout.  He 
was  popularly  billed  as  "the  first  man  to  lasso  an  Indian 
on  the  American  stage. "^' 

According  to  newspaper  accounts,  the  Edison-Texas 
Jack  meeting  could  not  have  occurred  the  first  night 
Edison  was  in  Rawlins.  The  Laramie  Daily  Sentinel 
noted  on  July  24,  1878,  that:  "John  Omohundro  (Texas 
Jack)  went  up  to  Rawlins  last  night  with  a  party  of 
friends,  on  a  fishing  and  hunting  expedition. '^^  Edison 
had  been  in  Rawlins  as  long  as  three  days  before  Texas 
Jack's  departure  from  Laramie.  The  inconsistency  may 
be  explained  by  the  fact  that  "Edison  told  the  stories 
primarily  for  their  effect,  not  their  accuracy.  He  had  lit- 
tle interest  in  dates,  a  bad  memory  for  figures,  a  great 
capacity  for  generalization,  a  history  of  inconsistency 
and  a  penchant  for  exaggeration."^'  Given  the  cir- 
cumstances of  his  stay  and  the  newspaper  accounts  of 
Texas  Jack's  itinerary,  it  is  more  probable  that  the  inci- 
dent occurred,  not  during  Edison's  first  visit  to  Rawlins, 
but  later  in  the  summer. 

If  the  Texas  Jack  tale  is  apocryphal  or  misstated  as 
to  time,  it  is  certain  that  Edison  received  a  pass  from  the 
railroad  superintendent  the  day  after  his  arrival  in 
Rawlins  allowing  him  free  passage  "between  Ft.  Steele 
and  Creston  good  for  12  days"  (until  July  31).^" 

That  same  day  he  and  other  members  of  the  Draper 
group  visited  with  local  people  in  order  to  find  a  suitable 


place  for  a  headquarters.  Craig  recalled  that  when 
Edison  asked  him  about  quarters,  he  "hunted  up  a 
railroad  man  whose  family  had  gone  East  on  a  visit  and 
asked  him  if  he  could  use  his  house.  He  said  that  we 
could  use  the  whole  house  if  we  wished,  and  gave  me  the 
keys.""  The  railroad  man  was  R.  M.  Galbraith,  a 
railroad  master  mechanic  who  had  lived  in  Rawlins  for 
almost  four  years. ^^  "The  only  place  for  people  to  stop 
was  a  railroad  hotel  at  that  time,"  Galbraith  wrote  years 
later,  "and  my  wife  being  away  from  home,  I  turned  my 
house  over  to  Professor  Draper,  Mr.  and  Mrs.  Watson, 
and  Mr.  Edison.  They  made  the  kitchen  their  laboratory 
for  a  week."^' 

Meanwhile,  scientific  expeditions  continued  to  pass 
through  on  the  Union  Pacific  to  points  further  west.  A 
day  behind  Edison,  an  expedition  led  by  scientist  Simon 
Newcomb  and  listing  among  its  six  members  the  chief  of 
the  Naval  Observatory  in  Washington,  D.C.,  and  a  well- 
known  telescope  manufacturer,  went  through  Laramie 
and  Rawlins  to  Creston,  "a  place  with  no  population. "^^ 
The  party  included  Commander  W.  T.  Sampson,  who 
20  years  later  would  become  a  hero  in  the  Battle  of 
Manila  Bay  in  the  Spanish-American  War. 

The  Newcomb  group  was  just  one  of  five  govern- 
ment-financed expeditions  sent  west  to  view  the  eclipse. 
Another  group,  led  by  Professor  William  Harkness,  set 
up  their  instruments  in  Rawlins  near  the  headquarters 
of  Draper's  privately  financed  operations.^*  Other 
government  scientists  were  preparing  observations  at 
Fort  Lyon,  Pueblo,  and  Central  City,  Colorado.  Private- 


Larry  Hayes' 
Rawlins  House 
hotel.  Mrs.  Hayes 
is  pictured  at 
left.  Date  of  this 
photograph  is 
unknown. 


WYOMING  STATE  ARCHIVES.  MUSEUMS  AND  HISTORICAL  DEPARTMENT 


56 


Edison  (second  from  right)  and  the  Draper  party  stand  in  front  of  Galbraith's  chicken  house  converted  into  the  eclipse 
"laboratory.  " 


ly  financed  observations  were  being  readied  in  Texas, 
Santa  Fe,  New  Mexico,  Idaho  Springs  and  Lajunta, 
Colorado,  and  Virginia  City,  Montana.  A  Princeton 
University  team  was  at  Camp  Nassau,  near  Denver,  with 
several  Columbia  and  Vassar  scientists.  Professor  S.  P. 
Langley  and  a  party  from  Allegheny  Observatory  in 
Pennsylvania,  worked  with  U.  S.  Signal  Corps  crews  on 
Pike's  Peak.^'" 

Preparations  for  the  experiments  planned  by  the 
Draper  group  took  a  variety  of  forms.  Draper's  own  ex- 
periment relied  on  photography.  "Fortunately,  the 
water  at  Rawlins  is  suitable  for  photographic  purposes, 
being  brought  from  the  granite  hills  three  miles  to  the 
north  by  wooden  pipes  four  inches  in  interior  diameter," 
a  New  York  newspaper  reported.^'  Edison  was  busy 
helping  Craig  take  the  "roof  off  a  chicken  house  to  ar- 
range a  setting  for  (the  tasimeter)."^^  This 
"observatory,"  measuring  "sixteen  feet  long,  with 
photographic  building  attached,"  was  located  to  the 
east  of  the  Galbraith  house,  the  site  apparently  chosen 
because  of  the  strength  of  the  prevailing  west  winds. ^^ 

Newspaper  readers  were  kept  abreast  of  "Professor 
Edison's"  progress.  His  constant  communication  with  his 


chief  assistant  at  the  Menlo  Park  laboratory  also  drew 
press  mention:  "They  talk  business  with  each  other  every 
day  over  the  wire."^'' 

It  wasn't  just  the  preparations  for  the  experiments  or 
the  communications  with  the  Menlo  Park  laboratory 
that  occupied  Edison's  time.  One  morning  he  noticed 
some  antelope  near  town  and  expressed  the  desire  to 
shoot  one.  After  practicing  his  marksmanship  (appar- 
ently with  a  Winchester  purchased  for  him  by  the  rail- 
road superintendent  for  $35  in  a  Laramie  store  on  July 
20),'^  he  participated  in  two  unsuccessful  early  morning 
hunts.  Edison  "gave  up  until  after  the  eclipse." 

The  list  of  items  purchased  in  Laramie,  however,  in- 
dicate that  he  was  planning  to  fish  as  well  as  to  hunt. 
Along  with  the  Winchester,  250  cartridges,  a  gun  cover, 
and  belt,  were  added  a  $5  fishing  pole,  a  $5  "real,"  a 
$2.75  basket,  $2.50  worth  of  line  and  a  fly  book  for 
$2.50.  Included  on  the  bill  is  $3  for  two  dozen  "fly's. "^« 

Although  his  presence  in  Wyoming  was  apparently 
well  known,  records  show  only  one  request  for  an  inter- 
view from  a  Wyoming  citizen.  The  letter,  dated  July  21 
and  sent  to  Edison  at  Rawlins,  was  written  by  John  Jar- 
vie,   a  thirty-five  year  old  Scottish-bom  saloonkeeper 


57 


t-^^ajs; 


* :  ...Pi:.-^dJL:SS7^J 


Front  Street,  Rawlins,  as  it  appeared  a  year  after  Edison's  visit. 


from  Rock  Springs.  "What  opportunity  is  there  for  me 
to  see  you?"  the  letter  asks.''  There  is  no  record  of  the 
reason  for  the  request,  whether  Edison  responded  or 
whether  a  meeting  was  ever  arranged. 

Another  pre-echpse  request,  however,  came  from 
the  Rocky  Mountain  News  editorial  department.  It  was 
more  specific.  "We  would  like  a  report  of  your  observa- 
tions on  Monday  for  publication  the  following  day  and 
will  be  very  glad  to  have  you  transmit  by  telegraph  (at 
our  expense)  as  early  Monday  evening  as  convenient," 
the  July  27  letter  reads.'* 

The  News  as  well  as  newspapers  from  New  York  and 
Wyoming,  had  been  attempting  to  explain  the  eclipse 
phenomenon  in  their  pages  the  entire  week.'*  The  scien- 
tists were  poised  and  the  public  and  press  were  in- 
terested in  what  would  be  found  during  the  complete 
eclipse  of  the  sun  set  to  begin  in  the  early  afternoon  of 
Monday,  July  29,  1878. 

The  eclipse  came  as  expected  shortly  after  2  p.m.  on 
July  29,  1878.""  The  sky  above  Rawlins  was  clear  and 
perfect  for  making  solar  observations  from  Galbraith's 
chickenhouse/laboratory. 

One  Edison  biographer  wrote  that  the  wind  was  a 
serious  problem.  "A  storm  arose,  and  the  shelter  began 
to  disintegrate  while  Edison  struggled  to  level  a  telescope 
at  the  sun  and  hold  on  to  his  other  instruments."'"  A 
Laramie  newspaper,  however,  indicates  it  was  less  a 
storm  than  a  normal  Wyoming  summer  afternoon  wind: 
"Not  a  cloud  obscured  the  heavens  and  the  air  had  that 
clear  deep  blue  which  is  found  nowhere  else  but  in  a 
mountain   region.   A   rather  stiff  breeze  of  wind  pre- 

58 


vailed,  but  did  not  at  all  interfere  with  their 
operations.  ""^ 

A  dispatch  published  in  the  New  York  Daily  Tri- 
bune the  day  after  the  eclipse  affirms  the  Laramie 
report:  "The  weather  here  today  was  fine,  the  sky  clear, 
and  the  observations  a  perfect  success."'" 

The  weather  was  clear  throughout  the  area  of  max- 
imum eclipse  with  the  exception  of  Denver  where  it  was 
partly  cloudy.  People  anticipating  the  view  of  the  partial 
eclipse  in  New  York  City  were  disappointed  by  heavy 
cloud  cover,  making  the  eclipse  "a  total  failure."'''' 

Edison's  tasimeter  failed  to  work  properly.  The  in- 
dex capacity  of  the  device  proved  to  be  insufficient  to 
measure  the  extreme  heat  of  the  sun.  The  Laramie  Dai- 
ly Sentinel,  however,  termed  the  experiment  "extremely 
sucessful,"  the  report  adding  that  "it  proved  the  ex- 
istence of  heat  in  the  corona.""^  The  New  York  Daily 
Tribune  was  similarly  positive  although  the  Cheyenne 
Daily  Sun  confirmed  that  the  experiment  was  indeed  a 
total  failure.''*  Edison  wrote  of  the  experiment  in  his 
notebook:  "No  results." 

Henry  Draper,  the  expedition  leader,  made  photo- 
graphic negatives  of  the  eclipse  and  surrounding  areas  of 
the  heavens.  These  were  some  of  the  earliest  photo- 
graphs ever  taken  of  eclipse  effects.''^ 

Other  scientists  reported  successful  sunspot  observa- 
tions. World  famous  astronomer  J.  Norman  Lockyer  "is 
greatly  surprised  at  the  difference  of  eclipses  occurring 
in  different  sun-spot  periods  and  at  the  intimate  relation 
of  the  brightness  of  the  Corona  to  sun  spots,"  the 
Cheyenne  Daily  Sun  reported.  The  New  York  Daily  Tri- 


bune  reported  that  the  Newcomb  party's  experiments 
were  all  successful.''* 

James  Watson,  one  of  the  best  known  astronomers  of 
the  period,  received  a  great  deal  of  press  attention.  The 
University  of  Michigan  professor  had  viewed  eclipses  in 
Iowa  in  1869  and  Sicily  in  1870  and  during  the  Wyo- 
ming eclipse,  he  claimed  to  have  discovered  another 
planet.  "He  found  the  lost  Vulcan,"  according  to  the 
Laramie  Daily  Sentinel.  The  240-pound  scientist's 
"discovery"  was  later  disproven.''® 

"Most  of  the  scientific  parties  returned  east  today," 
the  Laramie  newspaper  reported  the  next  day.  "Pro- 
fessor Edison  left  Rawlins  for  the  Pacific  Coast  this 
morning,"  it  continued.^"  This  is  contrary  to  the 
recollections  of  three  men  who  wrote  about  the  Edison 
visit  years  later.  Nate  Craig,  the  telegrapher,  recalled 
organizing  a  hunt  for  Edison  and  Draper  immediately 
after  the  eclipse.  Not  only  was  Edison  traveling  west  the 
next  day  but  Draper  had  already  left  for  the  East,  mak- 
ing Craig's  story  suspect.*^ 

The  newspaper  reports  appear  to  contradict  two 
other  accounts  as  well.  John  Jackson  Clarke,  who  served 
as  station  agent  at  Red  Desert  at  the  time,  wrote  in  1929: 
"The  eclipse  over  and  everything  packed  for  departure. 


^ 


r/$: 


r 


Receipt  for  goods  purchased  for  the  Battle  hake  ei^edi- 
tion. 


science  relaxed  its  austerity  and   devoted   a  day  to  a 
general  hunt."*^ 

Railroad  mechanic  Galbraith  wrote:  "After  the 
eclipse  left  there.  Prof.  Barker  and  Thomas  A.  Edison 
expressed  the  desire  to  go  out  on  a  hunting  and  fishing 
trip  and  I  got  up  a  party  and  equipment."" 

Edison  still  had  two  days  left  on  his  free  railroad  pass 
when  he  and  Barker  left  Rawlins.  They  arrived  in  San 
Francisco  in  mid-week  and  on  Saturday  (August  3), 
traveled  to  Yosemite  Valley  to  vacation.^"  The  following 
Wednesday  the  two  scientists  stayed  at  the  "Mariposa 
Big  Tree  Hotel"  in  Big  Tree  Station,  California,  and 
visited  the  Mariposa  Grove  of  Giant  Trees. ^^ 

On  August  9  Edison  and  Barker  were  in  Virginia 
City,  Nevada,  where  Col.  Joseph  G.  Fair  and  W.  H. 
Smith  guided  them  through  the  mines  after  George  S. 
Ladd,  president  of  the  Gold  and  Stock  Telegraph  Com- 
pany in  San  Francisco,  requested  that  the  inventor  be 
given  the  tour.  As  a  result  Edison  developed  a  crude 
method  of  finding  ore  with  electricity.  His  discovery, 
however,  was  not  commercially  feasible  at  the  time.^® 

Meanwhile,  press  reports  continued  to  extol  the 
wonder  of  the  electric  arc  lights  displayed  at  the  Paris 
Exposition  earlier  in  the  summer.  While  Edison  was  in 
California,  the  Cheyenne  Daily  Sun  published  a  report 
that  a  patent  had  been  granted  to  William  Sawyer  for  a 
"system  of  dividing  a  current  of  electricity."  The  article 
said  carbon  was  the  best  material  to  use: 

If  a  current  of  electricity  is  made  to  pass  through  a  very 
small  piece  of  carbon,  the  size  of  the  lead  of  a  pencil,  an  in- 
tense light  is  given  forth  for  a  few  seconds.  Then  the  oxygen 
of  the  air  enables  the  heat  to  bum  up  and  destroy  the  car- 
bon. The  only  way  is  to  keep  the  carbon  in  a  vacuum  or  in 
perfectly  pure  nitrogen.*' 

The  article  added  that  Sawfyer  had  accomplished 
the  feat.  Certainly,  Edison  in  San  Francisco  at  the  time 
was  well  aware  of  the  developments,  particularly  since 
he  kept  in  touch  by  telegraph  with  his  Menlo  Park 
laboratory.  He  continued  his  vacation  trip  as  scheduled. 
While  he  was  in  Virginia  City,  Edison  apparently 
telegraphed  Galbraith  in  Rawlins,  asking  if  a  fishing  trip 
could  be  arranged.  Galbraith  returned  the  two -word 
reply,  "All  right. "^* 

Edison  and  Barker  arrived  back  in  Rawlins  on 
August  12,  thirteen  days  after  their  first  visit  had  con- 
cluded. The  newspaper  in  Laramie  reported: 

Today  Prof.  Edison,  Captain  Thornburg,  commanding 

Fort  Steele,  R.  M.  Galbraith,  Division  Master  Mechanic  of 

the  Union  Pacific  in  Rawlins,  Division  Superintendent  Ed. 

Dickinson   and  A.   T.   Wilkins,   clerk  in  the   Locomotive 

Department,    Union   Pacific   of  this   city   [Laramie],    left 

Rawlins  on  a  grand  fishing  tour  on  the  Big  Muddy,  seventy 

miles  south  of  that  place. *' 

The  paper  printed  a  correction  the  next  day,  however: 

"Prof.  Edison  and  Barker  did  not  arrive  in  Rawlins  until 

this  morning,  where  they  found  a  team  in  waiting  and 

left  at  once  to  join  the  fishing  party  to  Big  Muddy. "^° 


59 


Edison  purchased  several  items  from  James  France's 
general  merchandise  store  in  Rawlins  before  he  joined 
the  group.  Included  were  five  boxes  of  cartridges,  a  box 
of  cigars,  a  quilt,  a  pair  of  overalls,  a  shirt  and  a  pair  of 
gloves.^' 

The  entire  expedition  from  Rawlins  to  Big  Muddy 
and  back  lasted  from  August  13  until  August  19.  Post 
Returns  for  Fort  Steele  show  that  Major  T.  T.  Thorn- 
burg  who  accompanied  the  Edison  party,  was  on 
detached  service  from  "12th  to  19th  Aug.  1878."*^ 

Little  reliable  information  about  the  six-day  fishing 
trip  is  known.  Craig,  who  was  not  on  the  trip,  recalled  in 
1927  that  Tom  Sun  guided  the  party.  Further,  he  de- 
clared that  he  couldn't  remember  the  names  of  anyone 
else  in  the  party  except  Edison  and  Dr.  Draper.  Sun  is 
unlisted  in  any  other  account  and  Draper  had  long  since 
departed  for  the  East.*' 

Lillian  Heath  Nelson,  in  an  interview  made  more 
than  seventy-five  years  after  the  event,  recalled  her 
father's  part  in  the  trip,  incorrectly  stating  he  arranged 
the  expedition. 

They  went  by  horseback  and  buckboard  to  Saratoga 
and  Encampment  then  in  to  Battle  Lake  .  .  .  There  was  a 
little  cabin  on  the  shore  of  the  lake  with  the  floor  covered 
two  inches  deep  with  the  debris  from  porcupine.  Papa 
cleaned  it  out  and  Edison  slept  there  .  .  .  The  group 
camped  out  a  week  or  better  and  one  morning  Edison  said 
to  Papa:  "I  think  I  may  have  an  idea  for  an  incandescent 
light."  Papa  said:  "Well,  follow  through  with  it."  Papa  cor- 
responded with  Edison  for  a  long  time  after  that.''' 
Galbraith's  account  of  the  participants  is  at  some 
variance: 

After  the  Eclipse  Expedition  left  there,  Professor  Barker 
and  Thomas  A.  Edison  expressed  the  desire  to  go  out  on  a 
hunting  and  fishing  trip,  and  I  got  up  a  party  and  equip- 
ment. The  party  consisted  of  Edison,  George  F.  Barker, 
Major  Thornberg  [sic]  commander  at  Fort  Steele;  J.  M. 
Bennett,  superintendent  of  bridges  and  buildings;  Edward 
Dickinson,  superintendent  of  Wyoming  Division;  J.  H.  Mc- 
Connell,  master  mechanic  of  Platte  Division;  Marshall  Fox, 
reporter  for  the  New  York  Herald,  and  myself  with  William 
Heath,  artist  and  cook;  Joseph  B.  Rankin  as  scout,  a  couple 
of  soldiers  to  handle  the  pack  horses  and  "Russian  Ned" 
with  a  six-horse  team  to  haul  the  dunnage.** 

Galbraith  gives  the  itinerary  as  south  from  Rawlins 
to  the  Sierra  Madre  Range,  taking  the  Cherokee  trail  to 
Jack  Creek  and  Calf  Creek,  and  then  to  Battle  Lake.  He 
then  gives  the  description  of  the  conversation,  previously 
quoted,  between  Barker  and  Edison  at  the  breakfast 
table. 

From  there  on  Galbraith's  account  breaks  down.  He 
contends  that  Fox  sent  a  story  about  Edison's  description 
to  the  New  York  Herald  and  as  a  result,  "both  he  and 
the  associate  editor  came  near  losing  their  positions  for 
publishing  such  rot."*^®  The  record  shows  talk  of  an  in- 
candescent light  was  far  beyond  that  stage.  Certainly, 
the  article  that  appeared  in  the  Sun  the  week  before  was 
discussed  by  the  scientists.  Perhaps  Galbraith  was  un- 
familiar with  the  developments  and,  therefore,  misun- 
60 


derstood  the  drift  of  the  conversation  or  Edison  was,  in 
fact,  boasting.  Fox  and  his  paper  embarrassed  them- 
selves the  following  April  by  printing  the  fact  that 
Edison  had  perfected  an  incandescent  light  in  an  article 
entitled,  "The  Triumph  of  the  Electric  Light."®' 

There  is  no  record  of  Edison's  remark  at  Battle 
Lake,  except  for  this  1922  recollection  of  Galbraith. 
During  the  intervening  forty-four  years,  there  is  not  a 
single  reference  to  such  an  "event." 

The  story  later  propounded  that  Edison  had  in- 
vented the  light  bulb  by  noticing  the  frayed  ends  of  his 
bamboo  fishing  pole  glow  in  the  fire  is  even  easier  to  dis- 
count. If  such  a  discovery  were  made  at  Battle  Lake, 
why  did  it  take  Edison  thirteen  months  before  he  came 
upon  a  material  that  was  suitable  for  the  filament  in  the 
bulb?  And  the  material  wasn't  bamboo.  It  was  carbon- 
ized cotton  thread.  The  improved  bamboo  filament  was 
not  "discovered"  until  April  or  May  of  1880  after  6000 
other  vegetable  materials  had  been  tried. 

Galbraith's  worst  error,  however,  is  his  "recollec- 
tion" about  Major  Thornburg.  He  quotes  the  major: 
"Gentlemen,  this  is  very  serious  news.  The  Ute  Indians 
have  broken  out  at  the  White  River  agency  and  have  killed 
Meeker,  the  Indian  agent,  and  all  of  the  white  men  con- 
nected with  the  agency,  capturing  Mrs.  Meeker,  Josephine 
Meeker  and  Mrs.  Taylor.  I  am  ordered  to  go  at  once  in  pur- 
suit of  them.  So  I  will  leave  you  here,  and  I  would  advise 
that  the  party  break  up  and  follow  me,  as  they  are  not  a 
great  distance  from  Battle  Creek,  their  favorite  hunting 
ground."'^' 

Unfortunately,  the  events  Galbraith  described  did 
not  occur  until  a  year  later  September,  1879.  Gal- 
braith concluded  his  recollections  with  the  statement 
that  Thornburg  was  killed  just  a  week  later.  The  fact  is 
that  Thornburg  returned  to  Fort  Steele  after  the  hunt 
and  left  the  next  month  for  Sidney,  Nebraska,  on  of- 
ficial business.  He  returned  to  Fort  Steele  later  that  fall 
and  commanded  the  post  until  July  30,  1879.  On  that 
date  he  was  sent  on  detached  service  and  on  Sept.  21, 
took  command  of  the  White  River  Expedition.  He  was 
killed  September  29,  1879— one  year,  one  month  and 
ten  days  after  Edison  had  left  Wyoming  for  the  final 
time.«^ 

The  Laramie  Sentinel  reported  Edison's  return  to 
Rawlins  on  August  19,  1878.  "They  had  a  very  pleasant 
hunt  and  fish,  killing  many  elk,  deer,  antelope,  etc., 
and  bagging  about  3,000  trout.  Messrs.  Edison,  Barker 
and  McConnell  left  for  the  east  on  No.  4."'° 

Edison  and  Barker  were  in  Chicago  on  the  2Ist  and 
then  went  to  St.  Louis  where  the  American  Association 
for  the  Advancement  of  Science  was  holding  its  annual 
meeting."  Four  days  later  he  returned  to  Menlo  Park 
and  the  laboratory  work  that  awaited  him  in  his  search 
for  the  incandescent  electric  light.  Thomas  Edison  never 
returned  to  Wyoming. 

1.    "Battle  Lake  — on  its  shores  in  1878,  as  a  member  of  the  Henry 
Draper  Eclipse  Expedition  Thomas  A.   Edison  aided  by  the 


frayed  ends  of  his  bamboo  fishing  rod  conceived  the  idea  of  a 
non-conducting  enduring  carbon  filament  resulting  in  the  later 
perfections  of  his  incandescent  electric  lamp."  Legend  on 
Wyoming  Highway  Map,  1978. 

2.  Philip  White,  writer  and  attorney,  researched  the  legend  in- 
tending to  illustrate  from  it  the  value  of  wilderness  on  the 
American  mind.  He  found  that  the  "invention  in  the  woods" 
story  was  too  inconclusive  to  prove.  Interview,  Febr.  13,  1979. 

3.  Galbraith  to  Elliott,  July  20,  1922.  Manuscript  Collections, 
Historical  Research  and  Publications  Division,  Wyoming  State 
Archives,  Museums  and  Historical  Department.  Galbraith  was 
in  the  banking  business  in  Arkansas.  He  had  left  Wyoming  in 
1890,  shortly  after  he  and  five  other  prominent  men  were  im- 
plicated in  the  lynching  of  Jim  Averill  and  Ella  Watson  (Cattle 
Kate). 

4.  "With  Edison  on  Union  Pacific  When  Incandescent  Light  Was 
Invented,"  The  Union  Pacific  Magazine,  September,  1922,  p. 4. 

5.  George  F.  Barker  (1835-1910)  was  graduated  from  Yale  in  1858. 
He  served  for  twenty-seven  years  as  professoi  of  physics  at  Penn- 
sylvania. The  editor  of  numerous  scientific  publications,  he  was 
acknowledged  expert  chemist,  toxicologist  and  electrician.  He 
was  the  first  American  to  show  the  radioactive  nature  of 
radium.  Allen  Johnson,  Ed.,  Dictionary  of  American 
Biography,  Vol.  1  (New  York:  Scribner's,  1956),  p. 601. 

6.  Henry  Draper  (1837-1882)  received  his  M.D.  degree  from  the 
University  of  the  City  of  New  York  in  1858,  served  as  professor  of 
physiology  and  analytical  chemistry  at  his  alma  mater  until  his 
death.  In  1874  he  organized  a  government  expedition  to  view 
the  planet  Venus.  He  frequently  joined  friends  for  hunts  in  the 
Rocky  Mountains  during  summer  vacations.  DAB,  Vol.  5, 
p.435. 

7.  Three  biographies  of  Edison  are  cited  in  this  paper.  The  best 
and  most  recent  is:  Robert  Conot,  A  Streak  of  Luck:  The  Life 
and  Legend  of  Thomas  Alva  Edison  (New  York:  Seaview  Books, 
1979).  Others  are:  Matthew  Josephson,  Edison  — A  Biography 
(New  York:  McGraw-Hill,  1959);  and  Ronald  W.  Clark, 
Edison:  The  Man  Who  Made  the  Future  (New  York:  G.  P.  Put- 
nam's Sons,  1977).  All  three  make  serious  errors,  however,  in 
their  discussions  of  Edison's  western  trip. 

8.  Cheyenne  Daily  Leader,  July  19,  1878,  p. 4. 

9.  The  complete  eclipse  was  the  last  viewed  in  the  West  for  many 
years.  The  most  recent  total  eclipse  visible  in  the  West  was  on 
Febr.  26,  1979.  The  next  one  will  appear  on  Aug.  21,  2017. 
1880  Census  for  Wyoming.   Manuscript  collections,  Wyoming 
State  Archives,  Museums  and  Historical  Department. 

11.  New  York  Daily  Tribune,  July  15,  1878,  p.l. 

12.  Ibid.,  p. 5. 

13.  J.  J.  Dickey  to  Division  Superintendents  and  Train  Dispatchers, 
Manuscript  collections,  Edison  National  Historic  Site,  New 
Jersey. 

14.  Cheyenne  Daily  Leader,  July  19,  1878,  p. 4. 

15.  Allyn  to  Edison,  Edison  National  Historic  Site  collection.  AUyn 
wrote  to  Edison  on  two  later  occasions.  In  1879,  he  wrote  advis- 
ing Edison  of  the  absence  of  platinum  mines  in  Wyoming:  "Fact 
I  don't  believe  there  is  a  cent  in  mines  in  Wyoming  in  the 
average  and  if  you  hear  any  one  praising  the  country  for 
anything  more  than  a  good  stock  country  call  him  bad  names  or 
anything  else."  Allyn  to  Edison,  July  30,  1879.  The  only  other 
recorded  correspondence  is  a  request  from  Allyn  for  Edison  to 
examine  rock  specimens  for  metal  concentrations.  The  notation 
at  the  bottom  of  the  letter  in  Edison's  hand  says:  ".  .  .  send 
heavy  matter  to  me  by  mail  will  assay.  " 

16.  Laramie  Daily  Sentinel,  July  19,  1878,  p. 4. 

17.  Josephson,  p. 175.  The  1880  Wyoming  Census  lists  two  hotels  in 
Rawlins  by  that  year.  The  New  York  Daily  Tribune,  August  13, 
1878,  p. 5,  reports:  (Rawlins  has)  "two  hotels,  one  of  which  is  ex- 


10 


cellent;  several  good  stores,  one  of  which  would  do  credit  to  a 
large  eastern  city;  two  churches;  a  schoolhouse  and  a  jail; 
several  saloons  in  which,  though  there  is  much  drinking,  there  is 
but  little  drunkenness;  several  neat  villas  for  prominent  citizens 
and  a  still  larger  number  of  miserable  shanties  for  the  accom- 
modation of  the  poor  Swedes  and  Irish  who  have  made  their 
homes  here." 

18.  Nate  Craig,  Thrills  1861-1887  (Oakland:  privately  printed, 
n.d.). 

19.  Lillian  Heath  Nelson  interview.  Manuscript  Collections,  Wyo- 
ming State  Archives,  Museums  and  Historical  Department,  un- 
numbered. 

20.  Frank  Lewis  Dyer  and  Thomas  Martin,  Edison:  His  Life  and  In- 
ventions (New  York  and  London:  Harper  and  Brothers,  1910), 
quoted  in  Clark,  p. 85. 

21.  Malvern  Hill  Omohundro,  The  Omohundro  Genealogical 
Record  (Staunton,  Virginia:  McClure  Printing  Co.,  1950-51), 
p. 521.  Omohundro  was  bom  July  26,  1846,  in  Virginia  and  died 
of  pneumonia  on  June  28,  1880,  at  Leadville,  Colorado.  The 
"Texas  Jack  Association  "  held  a  memorial  service  for  him  at  the 
Tabor  Opera  House  in  Leadville  June  28,  1980,  100  years  to  the 
day  after  his  death. 

22.  Sentinel,  July  24,  1878,  p. 2. 

23.  Conot,  p. 464. 

24.  E.  Dickinson  to  "Conductors,  Laramie  Division,  "July  19,  1878. 
Edison  National  Historic  Site  collection. 

25.  Craig,  p. 32. 

26.  "With  Edison  on  the  Union  Pacific  .  .  .",  p. 5. 

27.  Ibid.,  p. 25. 

28.  New  York  Daily  Tribune,  Aug.  13,  1878,  p. 5.  "Few  towns  are 
less  desirable  places  of  abode  than  Creston  and  Separation;  the 
tourist  who  goes  either  vnW  find  that  they  are  names  and  little 
more,  and  he  will  fare  badly  unless  he  carries  his  ovm  provisions 
along  with  him.  They  cannot  even  pretend  to  the  dignity  of  a 
city,  which  can  be  acquired  in  the  West  by  any  place  where 
there  are  a  cow-house  and  two  saloons  .  .  .  " 

29.  New  York  Daily  Tribune,  August  13,  1878,  p. 5. 

30.  Ibid.,  July  27,  1878. 

31.  Ibid.,  July  26,  1878,  p. 5. 

32.  Craig,  p. 33. 

33.  New  York  Daily  Tribune,  July  26,  1878,  p. 5. 

34.  Laramie  Daily  Sentinel,  July  26,  1878,  p. 3. 

35.  Bill  of  sale,  "Ed  Dickinson  bought  of  Louis  Miller,  July  20, 
1878,"  Edison  National  Historic  Site  collection. 

36.  Ibid. 

37.  John  Jarvie  to  T.  A.  Edison,  July  21,  1878,  Edison  National 
Historic  Site  collection. 

38.  "T.  D."  to  Prof.  Edison,  July  27,  1878,  Edison  National  Historic 
Site  collection. 

39.  The  New  York  Daily  Tribune,  July  27,  1878,  included  a  listing 
of  cities  around  the  country  and  the  beginning  and  ending  of 
the  eclipse  in  each  city. 

40.  Ibid.,  July  29,  1878,  p.l. 

41.  Josephson,  p. 176.  Clark  is  descriptive,  too:  "Every  gust  rocked 
the  dilapidated  chicken  house  and  the  vibrations  forced  Edison 
constantly  to  adjust  the  tasimeter.  "  p. 85. 

42.  Laramie  Daily  Sentinel,  July  30,  1878.  p. 3. 

43.  July  30,  1878,  p.l. 

44.  Ibid. 

45.  Ibid.,  p. 3. 

46.  Cheyenne  Daily  Sun,  July  30,  1878,  p.l. 

47.  DAB,  Vol.  5,  p.435. 

48.  For  reports  of  scientific  teams  see:  New  York  Daily  Tribune, 
Aug.  31,  1878,  p. 3  (Lockyer's  lepon);  Aug.  17,  1878,  p. 7 
(Draper's  report);  and  Aug.  26,  1878,  p. 5  (Edison's  report  to  the 
American  Association  for  the  Advancement  of  Science);  Aug. 

61 


21  p. 5  (Watson's  report). 

49.  July  30,  1878,  p. 3. 

50.  Ibid. 

51.  Craig,  p. 35. 

52.  "Reminiscenses  of  Wyoming  in  the  Seventies  and  Eighties,"  by 
John  Jackson  Clark.  Annals  of  Wyoming,  October,  1929, 
p. 229. 

53.  "With  Edison  on  the  Union  Pacific  .  .  .,"  p. 25. 

54.  Chronology,  Edison  National  Historic  Site. 

55.  Ibid. 

56.  Clark  has  Edison  traveling  from  Raviflins  south  100  miles  on  the 
railroad  vt^hich  is  an  impossibility.  He  also  indicates  that  Edison 
investigated  mines  in  Wyoming  which  he  did  not  do.  p. 86. 
Reports  from  contemporary  newspapers  fill  in  the  chronology 
given  by  the  Edison  National  Historic  Site.  Conot,  p.  121. 

57.  Cheyenne  Daily  Sun,  Aug.  3,  1878,  p. 3.  A  similar  report  on  the 
"Lontin  light  "  is  foimd  in  the  New  York  Daily  Tribune,  Sept.  7, 
1878,  p. 6. 

58.  Edison  National  Historic  Site  collection. 

59.  Laramie  Daily  Sentinel,  Aug.  12,  1878,  p. 3. 


60.  Ibid..  August  13,  1878,  p. 3. 

61.  "Prof.  Edison  bought  of  James  France,  Aug.  12,  1878,"  Edison 
National  Historic  Site. 

62.  Post  Returns,  January  1878-November  1886,  Fort  Fred  Steele, 
National  Archives,  Microfilm  copy  in  the  Wyoming  State  Ar- 
chives, Museums  and  Historical  Department. 

63.  Tom  Sun  was  living  on  the  Sweetwater,  well  north  of  Rawlins  at 
the  time.  Craig  apparently  mistook  Sun  for  Joseph  Rankin  who 
guided  the  group.  Craig,  p. 35. 

64.  Nelson  interview.  Researchers  at  the  Edison  National  Historic 
Site  were  unable  to  locate  any  correspondence  between  the  two 
men  although  it  may  be  in  another  uncatalogued  collection  or 
lost. 

65.  "With  Edison  on  the  Union  Pacific  .  .  .,"  p. 25. 

66.  Ibid. 

67.  Conot,  p. 143. 

68.  "With  Edison  on  the  Union  Pacific  .  .  .,"  p. 25. 

69.  Post  Returns,  October,  1879. 

70.  Laramie  Daily  Sentinel,  August  19,  1878,  p. 3. 

71.  New  York  Times,  Aug.  24,  1878,  p. 5. 


WSHS  Annual  Meeting 


Lander,  Wyoming 
September  5-7,  1980 

Registration  for  the  27th  Annual  Meeting  of  the 
Wyoming  State  Historical  Society  began  at  7  p.m.,  Fri- 
day, Sept.  5,  1980,  in  the  Senior  Citizens  Center  in 
Lander,  Wyoming.  James  K.  Adams  presented  a  slide 
program  on  "Indian  Petroglyphs." 

SATURDAY,  SEPTEMBER  6,  1980 

At  9:45  a.m.  President  Jim  June,  called  the  meeting 
to  order.  After  his  welcome,  he  thanked  the  Fremont 
County  Chapter  for  hosting  the  convention. 

Henry  Chadey  moved  that  the  reading  of  minutes  of 
the  1979  annual  meeting  be  dispensed  vkfith  since  they 
were  published  in  the  Fall,  1979,  issue  of  Annals  of 
Wyoming.  Seconded.  Approved. 

The  treasurer's  report  was  read  and  approved. 

Henry  Chadey,  chairman  of  the  Constitution  and 
By-Law  committee,  reported  that  copies  of  the  revised 
Constitution  and  By-Laws  had  been  sent  to  every  society 
member.  He  had  received  comments  about  it,  most  of 
which  were  favorable.  Dr.  T.  A.  Larson  wrote  that  he 
approved  of  the  Constitution  and  By-Laws  but  wished  to 
recommend  editorial  changes. 

Bill  Bragg  moved  that  Dr.  Larson's  housekeeping 
suggestions  be  included  as  amendments.  Seconded.  Ap- 
proved. 

Motion  made  by  Chadey  that  the  revised  Constitu- 
tion and  By-Laws  be  accepted.  Seconded.  Approved. 
62 


Awards  Booklet  Revisions  Committee 

Henry  Jensen,  chairman  of  the  Awards  Booklet 
Revisions  Committee,  expressed  his  appreciation  to 
those  responsible  for  the  awards  booklet.  He  mentioned 
a  few  of  the  changes  that  were  made.  New  awards  were 
added. 

Jim  June  expressed  his  appreciation  to  Jensen  and 
the  committee  for  a  fine  job.  Jensen  made  a  motion  that 
the  revised  awards  booklet  be  accepted.  Seconded.  Ap- 
proved. 

Ellen  Mueller  gave  the  Scholarship  and  Grant-in- 
Aid  report  for  Dr.  T.  A.  Larson  who  was  unable  to  at- 
tend the  meeting. 

Lucille  Hicks  has  completed  her  "History  of  Park 
County."  A  few  pages  need  to  be  rewritten  and  a  few 
minor  editorial  changes  must  be  made,  but  the  commit- 
tee recommended  that  the  Executive  Committee  accept 
the  manuscript  as  soon  as  the  changes  have  been  made. 

Robert  Murray  has  completed  his  "History  of 
Johnson  County.  "  Murray  began  his  project  13  years 
ago.  The  result  is  a  comprehensive  and  well-document- 
ed 392-page  work  which  requires  some  minor  editorial 
changes.  The  committee  recommended  final  approval 
by  the  Executive  Committee. 

Guy  L.  Peterson's  seven-year-old  contract  to  write  a 
history  of  Converse  County  has  been  canceled  by  mutual 
agreement. 

John  Paige  is  making  satisfactory  progress  on  the 
"History  of  Albany  County"  which  he  began  in  Feb- 
ruary, 1980. 


Marion  Huseas  is  making  progress  on  her  Grant-in- 
Aid  project  to  produce  a  manuscript  on  "The  Social  Life 
at  South  Pass  City  1867-1870."  She  began  her  study  in 
June,  1980. 

Mueller  made  a  motion  to  accept  the  report.  Sec- 
onded. Approved. 

Henry  Chadey  suggested  that  the  names  of  com- 
pleted county  histories  be  published  in  the  "Wyoming 
History  News." 

In  Dr.  Larson's  absence  Bill  Bragg  gave  the  legisla- 
tive report.  Adrian  Reynolds,  Edness  Kimball  Wilkins 
and  Dr.  T.  A.  Larson  made  up  this  legislative  commit- 
tee. Dr.  Larson  reported  that  he  and  Bill  Bragg  did  all 
they  could  for  the  Historical  Division  and  that  Bill  Bragg 
was  mainly  responsible  for  getting  funding  for  a  new 
staff  position  in  the  division.  Bragg  made  a  motion  to 
accept  the  report.  Seconded.  Approved. 

Sharon  Field  was  unable  to  attend  the  meeting  and 
Ellen  Mueller  gave  her  cemetery  report.  "From  the 
beginning  of  this  project  I  have  followed  each  lead  avail- 
able through  correspondence,  and  sometimes  tele- 
phone, in  order  to  gain  the  data  needed.  This  also 
helped  through  word  of  mouth  to  make  the  project  more 
available  to  the  public.  Some  publicity  about  the  project 
has  been  helpful  to  me.  My  most  loyal  support  and  help 
has  come  from  the  people  of  the  State  of  Wyoming  — not 
one  I  have  spoken  to  has  been  critical  of  the  project,  and 
most  eager  to  help  whenever  they  could. 

"I  have  been  asked  why  the  filled-out  forms  have  not 
been  coming  to  Archives  at  a  faster  rate  — I  am  certain 
we  cannot  expect  these  forms  until  late  fall  at  the 
earliest.  Summer  work,  plus  the  seeking  of  these  places 
and  data  will  take  up  time  in  each  county.  After  the 
work  in  the  field  is  done,  the  forms  will  have  to  be  filled 
out,  records  checked,  and  small  details  gone  over  once 
again  before  they  are  mailed  on  to  us.  Meanwhile  I  am 
trying  to  keep  up  with  the  correspondence  and  questions 
on  my  desk!" 

Expense  Report  Sept.  18,  1979  -  May  18,  1980 
Beginning  Balance  $170.00 

Postage  $32.00 

stamps 
postcards 
Office  Supplies  $25.72 

envelopes 
paper 
file  tabs 
notebooks 
Bank  Charges  $  3.76 

check  printing 
Total  expense  $61.48 

Balance  on  Hand  $108.52 

Motion  made  by  Mueller  that  the  report  be  ac- 
cepted. Seconded.  Approved. 


Ray  Pendergraft  reported  that  161  people  partici- 
pated in  the  1980  trek  which  started  in  Worland  and 
went  into  the  Nowood  country.  A  motion  was  made  that 
Ray  Pendergraft  be  thanked  for  a  well-planned  trek. 
Seconded.  Approved. 

A  motion  was  made  by  Henry  Jensen  that  everyone 
stand  in  memory  of  Edness  Kimball  Wilkins,  a  great 
lady  of  the  state  and  of  the  society,  who  passed  away  on 
July  15.  Seconded.  Approved. 

President  Jim  June  introduced  Dr.  Mike  Boyle,  the 
new  acting  director  of  the  Wyoming  State  Archives,  Mu- 
suems  and  Historical  Department.  Boyle  told  of  the 
future  plans  of  the  department  and  society.  His  main 
concern  was  that  everyone  cooperate  and  get  on  with 
plans  for  a  successful  department  and  society. 

Dave  Kathka,  state  coordinator  for  the  History  Day 
program,  was  present  to  give  a  report  on  History  Day 
1980.  He  gave  the  background  of  the  National  History 
Day  project.  He  explained  the  district  contest  organiza- 
tion, state  contest  organization,  national  contest  and 
funding.  Even  though  this  project  was  late  getting 
started,  there  were  250  students  throughout  Wyoming 
who  participated,  24  of  whom  were  winners  of  the  trip 
to  the  national  contest  in  Washington,  D.C.  Kathka  said 
he  has  great  hopes  for  this  project  in  the  up-coming 
year.  He  is  looking  forward  to  more  teacher,  student, 
citizen  and  organization  participation  for  1981. 

Henry  Chadey  made  a  motion  that  the  executive 
committee  of  the  society  study  the  project  to  see  if  it 
could  possibly  be  combined  with  the  Junior  Awards  Pro- 
gram of  the  society.  The  motion  was  seconded  and  ap- 
proved. Mrs.  Clara  Jensen  asked  that  the  4th  grade 
students  still  remain  in  the  society's  Awards  Program. 
Kathka  made  a  motion  that  the  National  History  Day 
report  be  accepted.  Seconded.  Approved. 

Ellen  Mueller  gave  a  report  of  the  society's  financial 
support  and  help  for  1980.  She  thanked  Bill  Barton, 
Katherine  Halverson,  Phil  and  Peggy  Roberts  for  pre- 
paring a  lunch  for  the  winners  on  their  way  to  Washing- 
ton, D.C.  She  and  her  husband  Fritz  also  helped  pre- 
pare the  lunch.  A  motion  was  made  to  empower  the  Ex- 
ecutive Board  to  help  finance  and  support  History  Day 
with  a  substantial  increase  next  year.  Seconded.  Ap- 
proved. 

A  motion  was  made  by  Jack  Mueller  that  the  Wyo- 
ming State  Historical  Society  recess  and  reconvene  as  the 
Wyoming  Historical  Foundation.  Seconded.  Approved. 
HISTORICAL  FOUNDATION 

The  following  report  of  the  treasurer  of  Wyoming 
Historical  Foundation  was  given: 
Previous  Balance 
$1,447.12 
Income 

Memorials  $235.00 

Donations  75.00 


63 


Industrial  Donations      82.19 
.19 


BALANCE 

$1,839.31 

A  motion  was  made  that  the  treasurer's  report  be  ac- 
cepted. Seconded.  Approved. 

President  Jack  Mueller  said  the  purpose  of  the  foun- 
dation was  to  raise  money  for  the  society  projects  to  fur- 
ther history.  He  said  that  the  foundation  has  not  been 
too  active  because  a  definite  project  had  not  been  decid- 
ed on.  He  stated  that  the  foundation  needed  ideas  for 
projects,  memorials  and  donations.  There  are  many  or- 
ganizations to  contact  for  contributions  when  a  project 
has  been  established.  A  suggestion  was  made  that 
leaflets  be  printed  to  explain  the  function  of  the  founda- 
tion. 

The  terms  of  two  members  of  the  Historical  Founda- 
tion Board  have  expired.  A  motion  was  made  by  Henry 
Jensen  that  Dave  Kathka  and  Ray  Pendergraft  be  nom- 
inated for  the  Board.  Seconded.  Approved. 

Dave  Kathka  and  Ray  Pendergraft  were  appointed 
for  three-year  terms.  Bill  Bragg,  president  of  the  society, 
and  Mike  Boyle,  acting  executive  secretary  for  the  socie- 
ty, are  ex-officio  members  of  the  Historical  Foundation 
Board. 

Mueller  made  a  motion  that  the  foundation  adjourn 
and  the  society  meeting  reconvene.  Seconded.  Ap- 
proved . 

President  Jim  June  welcomed  the  Friends  of  Old 
Fort  Bridger  into  the  society.  They  are  a  new  chapter. 

President  June  asked  for  volunteers  and  nominations 
for  next  year's  Nominating  Committee.  Al  Muller,  Tor- 
rington;  Bill  Duncan,  Lander;  and  Irene  Brown, 
Jackson  were  nominated.  A  motion  was  made  that  the 
slate  be  accepted  and  an  unanimous  ballot  be  cast  for 
them.  Seconded.  Approved.  Irene  Brown  was  appointed 
by  the  president  as  chairman  of  the  committee. 

Bill  Bragg,  1st  vice  president  of  the  society,  reported 
that  there  were  1,526  active  members  of  the  Wyoming 
State  Historical  Society.  He  announced  that  his  project 
for  the  year  of  1980-1981  would  be  to  increase  the 
membership  of  the  society.  He  suggested  a  contest,  the 
rules  for  which  would  be  set  by  the  Executive  Commit- 
tee. 

Bragg  made  a  motion  that  only  members  of  the 
society  attend  the  annual  trek.  Seconded.  Approved. 
Those  who  take  guests  will  have  to  pay  the  membership 
fee  before  going  on  the  trek. 

The  members  of  the  Awards  Committee  were  asked 
to  notify  award  winners  prior  to  the  presentation,  giving 
them  enough  time  to  plan  to  attend  the  banquet  to 
receive  these  awards.  An  invitation  for  the  1981  annual 
meeting  was  extended  by  the  Natrona  County  Chapter 
and  accepted  by  the  membership.  The  1981   annual 


meeting  will  be  held  at  the  Ramada  Inn,  Casper,  Wyo- 
ming, Sept.  11-13,  1981. 

President  Jim  June  invited  Mark  Junge  of  the  Wyo- 
ming State  Recreation  Commission  to  say  a  few  words. 
Junge  mentioned  some  of  the  problems  between  the  two 
state  agencies  in  the  last  two  years. 

Mike  Boyle  was  asked  to  speak.  Boyle  made  a  few 
comments  about  Mark  Junge's  speech.  Boyle  said  there 
were  some  problem  areas  that  had  become  very  ap- 
parent and  he  suggested  that  everyone  think  hard  as  to 
what  the  state  is  doing,  as  a  government,  about  its 
history.  Boyle  said  that  this  is  an  area  in  which  the 
Wyoming  State  Historical  Society  should  be  interested. 

Julia  Yelvington,  state  deputy  archivist.  Archives 
and  Records  Division  of  the  department,  spoke  on  the 
National  Historical  Publications  and  Records  Commis- 
sion. 

Yelvington  explained  that  much  of  Wyoming's 
History  is  in  its  records,  manuscripts,  diaries  and  news- 
papers. This  committee  obtains  national  funds  to  be 
given  to  the  states  for  grant  proposals  to  help  them 
preserve  the  records  of  their  people. 

Reports  from  12  local  chapters  were  read.  Motion 
was  made  to  adjourn  at  noon.  Seconded.  Approved. 
SATURDAY  LUNCHEON  AND  TREK 

Following  the  business  meeting,  a  lunch  of  chicken 
and  rice  was  served  in  the  Senior  Citizens  Center.  Tour 
guides  Earl  Kelly  and  W.  L.  Duncan  then  led  the  party 
to  the  Fort  Washakie  area  including  visits  to  the  graves 
of  Chief  Washakie  and  Sacajawea,  the  Richard  Greeves 
Art  Gallery,  Roberts  Mission  and  Fort  Washakie. 
SATURDAY  BANQUET 

A  no-host  hospitality  hour  was  held  before  the  ban- 
quet at  the  Lander  Shrine  Club.  After  a  prime  rib  din- 
ner, Henry  Jensen,  master  of  ceremonies  for  the  eve- 
ning, introduced  the  past  presidents  in  attendance. 

Historical  awards  were  presented  by  Don  Hodgson, 
chairman  of  the  Awards  Committee.  Publication 
Awards  for  non-fiction  books  went  to  Beryl  Gail  Chur- 
chill and  Virginia  Huidekoper.  Honorable  mention 
awards  in  this  category  went  to  Bill  Bragg  and  Mae  Ur- 
banek. 

The  Publications  Award  for  book,  biography  or 
autobiography  was  given  to  Ann  Bruning  BrowTi, 
Gilberta  Bruning  Hughes  and  Louise  Bruning  Erb. 
Honorable  mention  in  this  category  went  to  Mabel 
Radcliffe. 

Publication  Award  for  newspapers/editors  was  pre- 
sented to  Ken  Smith,  editor  of  the  Green  River  Star. 
Honorable  mention  in  this  category  went  to  Steven  W. 
Schenk  and  Gretchen  Beming,  editors  of  the  Ther- 
mopolis  Independent  Record. 

Publication  Award  to  author  of  a  series  of  articles  in 
Wyoming  newspapers  was  presented  to  Beryl  Gail  Chur- 
chill. Honorable  mentions  in  this  category  were  given  to 


64 


Annie  Jones  and  Mary  Hansseii. 

Other  awards  and  their  recipients  were: 

Publication  Award  for  Newspaper  and  Periodicals 
(author  of  a  series  relating  to  Wyoming  history  which 
appeared  in  magazine  or  newspaper  published  outside 
of  Wyoming)  — Barbara  Ketcham. 

Publication  Award  for  Periodicals  (author  of  articles 
appearing  in  a  magazine  published  in  Wyoming)  — Mrs. 
Vema  Davis. 

Activities  Award  — Teton  County  Historical  Society 
for  their  project,  an  adult  education  class  on  Jackson 
Hole  history. 

Activities  Award  (for  a  group)  — the  Hot  Springs 
County  Pioneer  Association  for  promoting  the  local 
county's  museum's  activities. 

Activities  Award  (for  an  individual)  —  Earl  Varney 
for  promoting  activities  of  the  Hot  Springs  County  Mu- 
seum. 

Wyoming  History  Teacher  Award  — Helen  R. 
Schroeler  of  Southside  Elementary  School  in  Worland. 

Cumulative  Contribution  Award  —  Ellen  Mueller  for 
"her  outstanding  work  and  contributions  to  the  State 
Historical  Society  as  well  as  to  her  own  county  chapter." 

Young  Historian  Award  (Junior  High  School)  —  First 
place  wrinner  of  $50  — Michele  Salzman,  Worland  Jr. 
High;  second  place  winner  of  $35— Jalaire  Kimzey, 
Worland  Jr.  High. 

Young  Historian  Award  (Senior  High  School)  — First 
place  winner  of  $50— Jenny  DeBolt,  Torrington  Senior 
High;  second  place  winner  of  $35— Jeff  Jones,  Huntle) 
High  School;  third  place  wanner  of  $25  —Robin  Lippin- 
cott,  Huntley  High  School. 

Audio- Video  Award  (Professional)  — KTHE  Radio 
Station  in  Thermopolis  for  promoting  the  county  mu- 
seum and  for  a  weekly  service  program  called  "Museum 
Memories." 

Audio-Video  Award  (Non-Professional)  — Denice 
Wheeler  of  Uinta  County  for  a  series  of  weekly  programs 
"Our  Pioneer  Heritage."  John  Bonar,  Natrona  County 
for  "Someone  Special,"  a  series  of  over  50  vignettes 
about  Wyoming  personalities  which  he  produced  and 
were  broadcast  by  radio  station  KTWO,  Casper. 

Fine  Arts  Award  (Painting)  — Richard  Scott,  Jim 
Davis,  Carol  Kerley.  Honorable  mention  —  Bemice 
Bosch,  E.  Riley  Ecton  and  Vonnie  Hamden. 

Fine  Arts  Award  (Music)  — Ray  Pendergraft  for  his 
country  song,  music  and  lyrics,  "Washakie  -  And  Blue 
Wyoming  Skies." 

The  L.  C.  Bishop  Award  — Mark  D.  Badgett  of 
Sheridan  for  recording  and  preserving  the  history  of  the 
Bozeman  Trail  in  Wyoming. 

The  speaker  of  the  evening.  Dr.  David  Raynolds, 
who  spent  many  years  with  the  State  Department,  spoke 
on  "In  Search  of  Heroes."  /■ 


Henry  Jensen  announced  the  officers  for  1980-1981: 
Bill  Bragg,  President 
Don  Hodgson,  First  Vice  President 
Clara  Jensen,  Second  Vice  President 
Ellen  Mueller,  Secretary-Treasurer 
Jim  June  presented  the  gavel  to   Bill   Bragg  and 

wished  him  "a  most  successful  year"  as  president.  Mr. 

June  then  gave  a  short  speech  which  summed  up  his  year 

as  president.  Bill  Bragg  gave  the  President's  Certificate 

of  Appreciation  to  Mr.  June. 

SUNDAY,  SEPTEMBER  7 
After  a  ham  and  egg  breakfast  at  the  Senior  Citizens 
Center,  many  members  toured  the  historic  gold  mining 
town  of  South  Pass  City. 


65 


BOOK  REVIEWS 


John  Selman,  Gunfighter.  By  Leon  Claire  Metz. 
(Norman,  University  of  Oklahoma  Press,  1980). 
Index,  Bib.,  Illus.,  254  pp.,  $6.95. 

This  book  is  the  second  edition  of  the  author's 
original  1966  work  on  John  Selman,  Texas  gunfighter. 

This  reviewer's  interest  in  John  Selman  became 
acute  when  he  was  offered  two  of  the  famous  firearms 
pictured  in  the  book,  one  being  Selman's  Colt  used  to 
kill  John  Wesley  Hardin  and  the  other  having  been  car- 
ried by  Hardin.  Almost  every  question  this  reviewer  had 
and  that  you  might  have  about  Selman  and  his  shadowy 
life  is  answered  in  this  well -researched  book. 

Selman,  of  course,  is  best  remembered,  if  not  loved, 
for  ending  the  life  of  one  of  the  West's  most  notorious 
outlaws,  John  Wesley  Hardin,  in  El  Paso,  Texas,  in 
1895.  But  this  book  goes  much  further  than  a  discussion 
of  the  Hardin  affair.  It  shows  both  sides  of  John  Selman 
in  an  unbiased,  factual  way  and  describes  a  good  many 
other  interesting  anecdotes  in  the  life  of  Selman  from  his 
Civil  War  service  to  his  escapades  in  Texas  and  New 
Mexico. 

While  he  did  serve  at  times  in  various  capacities  as 
an  officer  of  the  law,  his  life  story  leaves  little  doubt  in 
the  mind's  eye  that  here  was  basically  a  cold-blooded, 
vicious  socio-path.  Estimates  of  the  number  of  men  who 
fell  to  his  guns  are  between  25  and  30,  and  he  was  called 
a  rustler,  murderer,  deserter,  and  robber.  Interestingly 
enough,  he  was  never  convicted  of  a  crime,  witnesses  not 
appearing  or  having  conveniently  moved  by  trial  time. 

Selman  was  always  a  step  short  of  fame  and  a  step 
ahead  of  oblivion  because  he  shunned  publicity  and  did 
not  want  to  become  known.  While  other  g^nfighters 
seemed  to  have  their  own  public  relations  men  (e.g.,  Bil- 
ly the  Kid,  Hickok,  Hardin),  Selman  seemed  to  retreat 
to  the  shadows  when  the  action  got  hot.  John  Selman, 
before  he,  too,  was  gunned  down,  had  outlived  all  of  the 

66 


other  gunslingers  of  the  Old  West  and  his  passing  really 
noted  the  passing  of  an  era. 

Period  photographs  of  most  of  the  principals  and 
places  are  included  in  this  well -written  book.  If  any 
criticism  may  be  justified  it  is  that  all  photographs  are 
placed  together  in  the  center  of  the  book,  necessitating 
the  reader  to  constantly  turn  from  the  text  to  the  photos 
to  see  about  whom  the  author  is  writing. 

Certainly  all  students  of  the  Old  West  will  find  this 
book  to  be  a  necessary  and  valuable  reference  work  to  be 
placed  in  their  personal  library. 

Robert  L.  Nelson 

An  attorney  and  owner  of  Manitou  Gallery  in  Cheyenne,  the  reviewer 
is  an  authority  on  western  outlaws. 


Man  Made  Mobile.  Early  Saddles  of  Western  North 
America.  Edited  with  a  preface  by  Richard  Ahlbom. 
(Washington,  D.C.:  The  Smithsonian  Press,  1980). 
$5.50  paper. 

To  date,  books  and  articles  on  saddlery  have  been 
largely  works  of  little  or  no  documentation,  buttressed 
with  poor  and  misleading  photographs.  These  two  fac- 
tors usually  led  to  writing  that  was  hardly  more  than 
romantic  fabrication,  misleading  subsequent  research 
and  historical  endeavor.  It  is  with  great  anticipation 
that  the  saddle  fancier  and  western  historian  would  em- 
bark on  reading  this  recent  publication  of  the  Smithso- 
nian Press. 

The  text  is  devoted  to  four  essays  on  early  saddlery, 
a  catalog  of  saddles  in  the  recent  Renwick  Collection  dis- 
play, and  a  glossary  of  saddlery  terms.  The  stated  pur- 
pose of  the  study  was  to  examine  the  pre- 1 865  Mexican, 
Anglo,  and  Indian  saddles  of  the  West. 


The  glossary  of  terms  and  photographs  which  ac- 
company the  artifacts  in  the  Renwick  display  are  the 
strongest  features  of  the  book.  This  heretofore  rare 
technical-illustrative  treatment  of  the  study  of  old  sad- 
dlery is  a  welcome  relief  from  the  rambling,  confusing, 
and  inaccurate  accounts  this  reviewer  has  encountered 
in  the  past. 

There  are  a  few  typographical  and  research  mistakes 
which  could  be  eliminated  with  better  proofreading  and 
scholastic  investigation.  Most  of  these  difficulties  arise 
when  the  authors  attempt  to  expand  their  horizons  from 
the  intended  study  of  pre- 1865  saddles  to  items  pro- 
duced after  the  Civil  War.  These  inaccuracies  are 
typified  by  the  puzzling  statements  made  when  describ- 
ing the  Meanea  saddle  found  in  the  Renwick  Collection. 
This  item  is  variously  referred  to  as  an  "1880  saddle,"  a 
saddle  made  in  the  "late  1880's,"  and  then  its  similarity 
to  a  1900  saddle  is  noted.  Considering  the  many  saddle 
styles  and  innovations  found  in  the  Western  saddle  of 
the  1880's,  these  varied  descriptions  are  misleading,  to 
say  the  least. 

As  a  suggestion  of  a  method  for  future  study  of  sad- 
dlery artifacts  this  book  is  a  positive  step.  However,  as  a 
tool  for  use  in  dating  particular  saddle  types  and 
makers,  it  is  sadly  lacking,  especially  in  its  treatment  of 
the  Anglo  stock  saddle. 

James  Laird 

Mr.  Laird,  a  research  historian  at  the  Wyoming  State  Archives, 
Museums  and  Historical  Department,  has  conducted  thorough 
studies  of  the  Western  stock  saddle. 


The  Peace  Chiefs  of  the  Cheyenne.  By  Stan 
Hoig.  (Norman:  University  of  Oklahoma  Press, 
1980).  Index.  Bib.  Illus.  206  pages.  $14.95. 

The  Peace  Chiefs  of  the  Cheyenne  is  an  interesting 
and  entertaining  compilation  of  short  biographies.  Dr. 
Hoig,  professor  of  journalism  at  Central  State  University 
in  Edmond,  Oklahoma,  has  written  a  lucid  and  pro- 
vocative book  in  which  he  attempts  to  clarify  the  histori- 
cal context  of  Indian  responses  to  White  cultural  pres- 
sures during  the  19th  century.  The  author's  style  is 
engaging  and  easy  to  follow  and  he  draws  from  a  num- 
ber of  sources  to  support  his  conclusions.  There  are, 
however,  significant  limitations  to  this  study. 

Though  one  cannot  expect  such  a  short  work  to  de- 
tail the  motivations  for  Indian  responses,  one  can  hope 
that  a  historical  study  will  provide  the  reader  with  a 
general  social  context  within  which  to  locate  Indiah  re- 
sponses. Professor  Hoig's  presentation  of  Cheyenne  cul- 
ture  is   simplistic    and   inadequate.    This   shortcoming 


leads  to  frequent  misunderstandings.  For  instance,  after 
discussing  the  heroic  role  of  Black  Kettle  in  Indian 
military  history,  Hoig  says  that  this  chieftain's  only  in- 
adequacy was  his  inability  to  control  his  young  warriors; 
he  clarifies  that  "the  Cheyenne  nation  could  produce 
outstanding  men  but  .  .  .  the  chieftain  system  had  no 
machinery  to  enforce  laws  or  discipline  within  the 
tribe."  This  statement  leads  the  reader  to  believe  that, 
because  this  was  not  implicit  in  the  chieftain  system,  the 
social  structure  of  the  Cheyenne  had  no  culturally  effec- 
tive ways  of  maintaining  order.  And,  though  one  might 
grant  that  there  was  an  inherent  tension  between  the 
role  of  the  young  warrior  and  that  of  the  seasoned  man 
of  peace,  it  is  inaccurate  to  imply  that  the  Cheyenne 
social  structure  had  no  mechanisms  for  handling  inap- 
propriate behavior  in  any  social  category,  warrior  or 
otherwibC.  But  there  are  more  serious  limitations  to  this 
study. 

Hoig's  work  is  founded  in  an  assimilationist  par- 
adigm of  culture  change,  though  his  preface,  which 
notes  the  Cheyenne's  "stubborn"  attempt  to  maintain 
their  own  cultural  identity,  initially  might  lead  the 
reader  to  imagine  otherwise.  Chapter  after  chapter  show 
the  Cheyenne  losing  their  way  of  life.  The  reader  ex- 
periences a  sense  of  helplessness  after  repeatedly  hearing 
of  the  defeat  of  the  chieftains  and  the  ensuing  cultural 
disintegration.  And,  while  no  one  would  argue  that 
there  were  significant  alterations  in  the  Cheyenne  way  of 
life,  Hoig  makes  no  attempt  to  define  the  changing  so- 
cial processes  that  guided  these  structural  changes  or  the 
behavioral  responses  that  sought  to  encompass  them. 
Neither  does  he  adequately  acknowledge  the  persistent 
cultural  continuity  that  pervaded  the  lives  of  the  Chey- 
enne. 

Because  Hoig  fails  to  recognize  the  enduring  consis- 
tency of  distinctly  Indian  values,  he  concludes  that  the 
Cheyenne  "watched  the  world  they  knew  and  loved  dis- 
appear forever"  (p.  162).  He  is  correct  that  the  availabil- 
ity of  food  supplies  dwindled  and  the  freedom  to 
traverse  the  plains  unencumbered  was  denied,  but  these 
physical  features  of  Cheyenne  life  were  not  crucial  to  the 
maintenance  of  Indian  identity.  The  mythological 
framework  through  which  the  Cheyenne  interpreted 
their  world  remained  intact,  though  it  too  underwent  al- 
terations, but  the  ability  of  the  people  to  find  meaning 
in  their  world  persevered. 

In  conclusion,  though  Dr.  Hoig's  book  is  interesting 
and  easy  to  read,  he  fails  to  provide  an  adequate  context 
for  understanding  the  role  and  significance  of  the  Chey- 
enne Peace  Chief  in  the  acculturative  processes  of  the 
19th  century. 

Kathleen  M.  O'Neal 

The  reviewer  is  a  Ph.D.  student  in  history  at  the  University  of 
California,  Los  Angeles. 

67 


William  Robinson  Leigh,  Western  Artist.  By  D. 
Duane  Cummins.  (Norman:  University  of  Okla- 
homa Press  and  Tulsa:  Thomas  Gilcrease  Insti- 
tute of  American  History  and  Art,  1980).  Notes. 
Bib.  Illus.  204  pp.  $19.95. 

In  the  introduction  William  Robinson  Leigh  is  de- 
scribed as  ".  .  .a  pugnacious  individualist,  often  arro- 
gant and  openly  disdainful  of  social  imperatives,  unin- 
hibited in  thought,  and  remarkably  gifted  in  many 
forms  of  expression."  These  words  appear  to  accurately 
describe  one  of  the  giants  in  western  art. 

The  author  has  presented  a  well -researched  and 
documented  text  that  offers  an  insight  into  William  R. 
Leigh  and  helps  the  reader  to  understand  his  lifetime  of 
frustrations  and  disappointments.  Beginning  with  a 
brief  family  background,  the  book  describes  the  Leigh 
family  living  on  their  estate,  Maidstone,  Berkeley  Coun- 
ty, West  Virginia.  During  the  Civil  War  Leigh's  father 
served  in  the  Confederate  Army.  In  1865  he  returned 
home  to  find  the  estate  in  total  disrepair  with  the  family 
living  on  the  brink  of  poverty.  It  was  to  these  unpromis- 
ing circumstances  that  William  was  bom  on  September 
23,  1866. 

As  a  child  he  was  self-conscious  of  his  lack  of  formal 
education.  Educated  by  his  mother,  he  was  schooled  ex- 
tensively in  the  Bible,  Shakespeare,  basic  arithmetic  and 
the  virtues  of  reading  and  writing.  With  relentless  finan- 
cial oppression,  childhood  injustice,  insult  and  incessant 
humiliators  taunting  him  and  making  jokes  at  his  ex- 
pense, he  developed  an  enormous  inferiority  complex 
and  near-paranoia.  A  feeling  of  inadequacy  plagued 
him,  molding  a  pattern  of  behavior  that  motivated  him 
all  his  life. 

At  age  14  he  went  to  Baltimore  to  attend  the  Mary- 
land Institute  of  Art.  It  was  during  his  third  term  he  was 
told  that  the  institute  could  no  longer  help  him  and  that 
he  should  continue  his  studies  in  Europe.  Leigh  wanted 
to  study  in  Paris  but  finances  made  it  necessary  for  him 
to  enter  the  Royal  Academy  at  Munich,  Germany.  He 
studied  at  the  Royal  Academy  for  12  years,  returning  to 
the  United  States  in  1896.  Again,  financial  hardship 
forced  him  to  seek  employment  in  the  field  of  illustra- 
tion; his  assignments  brought  him  to  the  West  where  he 
made  drawings  and  photographed  the  isolated  Navajo, 
Hopi,  and  Zuni  cultures.  Many  of  his  studies  may  be 
seen  in  the  popular  magazines  of  that  time.  At  age  60 
Leigh  was  given  the  opportunity  to  go  to  Africa  as  artist 
for  the  American  Museum  of  Natural  History.  For  nine 
years  he  worked  with  the  museum  on  its  African  Hall  ex- 
hibit, but  in  1935  he  withdrew  from  the  exhibit  in 
disgust  when  the  young  artists  and  the  lighting  engineers 
were  unable  to  satisfactorily  simulate  sunlight. 

William  was  twice  married.  His  first  marriage  to 
Ann  Seng  was  short-lived  and  ended  in  divorce.  To  this 
union  a  son,  William  Colston  Leigh,  was  bom.  In  1921 

68 


he  married  Ethel  Traphagen.  After  their  honeymoon  in 
the  West  they  returned  to  New  York  and  set  up  house- 
keeping—"in  separate  apartments."  Leigh's  concept  of 
marriage  was  ahead  of  its  time,  believing  "that  it  was  the 
loss  of  individuality  that  caused  a  marriage  to  fail  and 
that  although  two  people  were  married,  they  could  con- 
tinue on  their  own  separate  paths  as  well  as  retain  their 
own  names." 

William  Leigh  lived  long  enough  to  see  the  art  crit- 
ics praise  him  and  the  newspapers  to  call  him  the  "last  of 
the  great  Russell -Remington -Leigh  triumvirate."  In  his 
last  years  he  experienced  a  popularity  beyond  any  he 
had  ever  known.  He  received  honors  and  awards  but  the 
most  coveted  honor  of  his  career  came  when  he  was 
elected  National  Academician  at  the  Annual  Meeting  of 
the  National  Academy  of  Design  on  March  2,  1955,  just 
nine  days  before  his  death. 

Although  William  Leigh's  life  was  constantly  filled 
with  financial  difficulties  it  is  felt  that  the  author's  treat- 
ment of  these  circumstances  were  over  emphasized. 

Laura  Hayes 

The  reviewer  owns  the  Wild  Goose  Gallery,  Cheyenne,   Wyoming. 


Fifty  Years  On  The  Old  Frontier.  By  James  H. 
Cook.  (Norman:  University  of  Oklahoma  Press, 
3rd  Printing,  1980).  Index.  253  pp.  |I4.95. 

Whenever  I  read  or  re-read  a  book  such  as  this,  I 
wish  I  had  read  it  when  I  was  thirteen  or  fourteen  and 
spent  much  of  my  time  living,  in  my  imagination,  in  the 
world  of  the  Indian  and  the  old  west. 

James  Cook  wrote  in  such  an  easy  style  that  it  is  no 
chore  to  pick  up  his  book  and  shortly  find  yourself  chas- 
ing stampeding  cattle  or  considering  the  wily  Indian. 

Living  as  I  do  in  eastern  Wyoming  and  having  lived 
in  western  Nebraska,  I  find  the  narrated  events  of  cattle 
drives,  Indian  adventure,  and  ranch  settlement  comple- 
ment well  the  basic  history  of  the  area. 

Mr.  Cook's  description  is  not  flowery,  but  good  and 
relates  clearly  to  the  country  involved.  I  am  constantly 
amazed  at  how  much  he  did  and  how  much  country  he 
often  covered  on  horsebackl  The  additional  pages  of 
photos  in  this  printing  add  to  the  atmosphere  which  the 
words  create.  A  minor  inconvenience  is  the  lack  of  dates 
for  quick  orientation  and  reference.  While  he  does  give 
general  period  dates,  one  often  has  to  stop  and  count  up 
the  years  from  a  last  date  to  find  when  an  event  took 
place. 

I  would,  perhaps,  differ  with  his  rather  curt  treat- 
ment of  Crazy  Horse  and  his  lionizing  of  Red  Cloud.  Mr. 
Cook  hews  to  the  late  1 9th  century  thought  that  the  In- 
dian problems  could  more  easily  and  quickly  be  solved  if 


they  could  have  just  comprehended  that  the  White  Man 
was  going  to  win  the  conflict  and  they  should  with  haste 
take  up  his  ways.  However,  he  balances  this  with  a 
capacity  for  compassion  for  the  Indian  based  upon  a 
fairly  deep  feeling  for  his  thought  and  way  of  life. 

If  you  have  never  read  it  and  like  easy  reading 
western  biographical  history,  do  it  now.  And,  if  you 
have  read  it,  keep  a  copy  around  for  friends  or  the  kids. 

Don  Housh 

Mr.  Housh  is  director  of  the  Homesteaders  Museum,  Torrington, 
Wyoming. 

National  Parks:  The  American  Experience.  By 
Alfred  Runte.  (Lincoln:  University  of  Nebraska 
Press,  1979).  Illus.  240  pp.  $16.50. 

The  national  parks  have  changed  greatly  in  the  108 
years  since  Yellowstone  was  established.  The  "idea"  of 
the  parks  has  come  a  long  way  since  sport  hunting  was 
an  accepted  part  of  the  Yellowstone  experience  and  ar- 
my patrols  guarded  Yosemite.  As  Alfred  Runte  points 
out  in  his  book,  most  national  park  historical  research 
has  been  devoted  to  the  "who"  and  "when"  rather  than 
to  the  "why"  of  the  process  by  which  modern  park 
philosophy  has  evolved.  Mr.  Runte's  book  is  a  good  first 
effort  at  examining  the  idea  of  national  parks  as  a  living 
and  growing  concept.  There  was  great  need  for  such  an 
overview. 

Mr.  Runte's  research  has  convinced  him  that  tradi- 
tional interpretations  of  the  national  park  phenomenon 
have  missed  some  important  social  and  economic  fac- 
tors. He  points  out  that  Americans  in  the  late  19th  cen- 
tury were  still  hungering  for  ways  to  bolster  their  na- 
tional pride;  they  longed  to  compete  with  Europe  in 
cultural  leadership,  and  envied  Europe's  ancient  tradi- 
tions. The  spectacular  scenery  of  the  American  West 
was  one  pathway  to  a  feeling  of  national  superiority. 

Runte  also  makes  the  essential  point,  currently  ap- 
preciated only  by  some  few  historians  and  naturalists, 
that  notions  such  as  ecosystem  preservation  and  wilder- 
ness appreciation  had  very  little  to  do  with  the  establish- 
ment of  the  first  parks.  "Monumentalism,"  or  the  ad- 
miration of  huge,  unique  settings,  provided  an  emo- 
tional basis  for  these  early  reservations  (Yellowstone  will 
always  be  a  most-referred-to  example;  it  didn't  occur  to 
the  founders  of  that  park  that  they  needed  to  disallow 
hunting,  rock-collecting,  or  any  of  the  many  other  con- 
sumptive pastimes  which  are  now  outlawed  in  most 
parks). 

Runte  also  makes  the  very  good  point,  only  lightly 
discussed  by  previous  writers,  that  in  order  for  pro- 
ponents of  a  park  to  get  it  established,  they  had  to 
demonstrate  (often  repeatedly)  that  the  land  was  worth- 
less for  any  commercial  endeavor. 


Runte's  enthusiasm  for  his  cultural  insecurity 
theme  — that  says  Americans  created  parks  in  order  to 
assuage  their  jealousy  of  European  cultural  traditions 
—  overpowers  his  perspective  sometimes.  He  notes  in 
some  detail  the  importance  of  commercial  interests 
(especially  railroads)  in  park  legislation,  but  underesti- 
mates the  relative  importance  of  those  interests.  Tourist 
and  related  commercial  interests  repeatedly  and  directly 
influenced  park  legislation,  sometimes  to  the  point  of 
helping  initiate  the  movement  to  establish  a  park;  those 
same  interests  were  sometimes  the  ones  to  remind 
legislators  of  America's  need  to  compete  culturally  with 
Europe.  Considering  how  few  people  were  actually  in- 
volved in  the  national  park  movement  before  1910,  and 
considering  that  an  almost  unmeasurably  small  fraction 
of  the  general  public  had  any  contact  with  the  parks  at 
all,  Runte  should  have  been  more  cautious  about  ascrib- 
ing vague  cultural  insecurities  such  great  influence 
where  simple  financial  ambition  was  so  obvious.  His  en- 
thusiasm for  complex  themes  like  cultural  insecurity  also 
blinds  him  to  far  simpler  motivations.  He  rarely  gives 
anyone  credit  for  promoting  a  park  just  because  it  is  a 
pretty  place,  or  because  such  a  wonderful  place  needs  to 
be  preserved.  People  don't  need  to  be  jealous  of  their 
ancestors  to  act  out  of  esthetic  concern.  There  are  very 
few  esthetically  motivated  people  in  this  book. 

Runte  also  oversteps  the  bounds  of  historical  inter- 
pretation to  support  his  points.  This  is  all  the  more  un- 
fortunate because  his  points  don't  really  need  it.  For  ex- 
ample, many  park  visitors  compared  geological  forma- 
tions to  various  architectural  structures  like  towers, 
spires,  and  castles.  Runte  sees  this  as  a  manifestation  of 
cultural  jealousy;  these  people  are  showing  their  need 
for  ancient  ruins  such  as  Europe  has. 

Runte's  presentation  is  also  suspect  in  his  manner  of 
using  quotations.  There  are  several  instances  where  his 
own  words,  attached  to  the  end  of  a  quotation,  actually 
make  a  point  not  supported  by  the  quotation.  He  quotes 
Yellowstone  explorer  Nathaniel  Langford,  who  re- 
marked that  no  other  places  except  Tibet  and  Iceland 
had  geysers,  and  that  the  Firehole  basin  "surpasses  all 
the  other  wonders  of  the  continent."  Based  on  these 
comments,  according  to  Runte,  "it  followed  that  the 
scenery  of  the  Old  World,  especially  the  Alps,  had 
found  its  equal  in  the  Rocky  Mountains  as  well  as  in  the 
Sierra  Nevada."  This  is  pretty  conjectural,  since,  even  if 
Langford  may  have  thought  so,  he  didn't  say  so;  he 
didn't  even  mention  the  Alps  or  the  Sierras. 

Runte  tends  to  underrate  the  achievements  of  past 
historians.  He  says  that  former  Yellowstone  historians 
(he  cites  a  few)  did  nothing  to  "add  to  our  knowledge  of 
the  national  park  idea"  when  in  fact  one  of  the  sources 
he  lists,  Haines,  The  Yellowstone  Story,  gives  a  far  more 
detailed  account  of  the  European  origins  of  the  park 
concept  than  does  Runte  himself. 


69 


Despite  these  weaknesses,  Runte's  book  is  a  good 
one.  What  he  has  done,  by  surveying  the  history  of  many 
parks,  is  synthesize  and  sift  an  enormous  amount  of  in- 
formation in  order  to  identify  overall  trends  that  special- 
ists examining  individual  parks  would  not  have  seen  (or 
even  looked  for).  His  book  should  be  widely  read  by  peo- 
ple who  care  where  the  national  parks  are  going,  and  it 
should  serve  as  a  starting  point  for  far  more  detailed 
studies  of  the  social  and  ecological  implications  of  the 
national  park  idea. 

Runte,  though  he  recognizes  the  major  dilemmas 
facing  park  managers  who  must  preserve  and  yet  share 
delicate  ecosystems,  has  not  ventured  into  the  kind  of  in- 
terdisciplinarian  research  that  will  be  necessary  if  we  are 
to  appreciate  those  yet  poorly  understood  implications. 
It  is  unfortunate  that  he  does  not  explore  such  pro- 
vocative recent  developments  in  national  park  thinking 
as  the  natural  fire  programs,  non -consumptive  uses  of 


fishery  resources,  or  a  host  of  other  specific  resource- 
related  items  that  have  been  intensively  researched  and 
discussed  since  the  Leopold  Report  appeared  in  1963; 
these  are  visible  manifestations  of  how  the  park  idea  is 
being  reinterpreted  today.  It  was  his  choice  to  ignore 
them,  of  course,  and  judging  from  his  apparently  slight 
acquaintance  with  such  issues  (his  casual  reference  to 
the  threatened  extinction  of  grizzly  bears  from  three 
parks  is  based  on  two  shallow  popular  articles  that  are 
hardly  admissable  as  scholarly  evidence),  he  chose  wise- 
ly. What  he  has  achieved  in  this  book  is  more  than 
enough  to  stimulate  others  to  continue  the  work  of 
studying  the  national  park  idea. 

Paul  Schullery 


The  reviewer  is  Executive  Director  of  the  Museum  of  American  Fly 
Fishing,  Manchester,  Vermont.  He  was  formerly  a  naturalist  and 
historian  m  Yellowstone  National  Park 


INDEX 


Ahlbom,  Richard,  editor,  Man  Made  Mobile:  Early  Saddles  of  West- 
em  North  America,  review,  66-67 

Aladdin,  34-37;  photo,  35 

"All  the  News  that's  Fit  to  Chuckle  Over:  Newspaper  Humor  in  the 
Old  West,"  by  Robert  G.  Keller,  28-33 

AUyn,  Johnny,  55 

B 

Baker,  N.A.,  9 

Barker,  George  F.,  55,  59.  60 

Battle  Lake,  54-61 

Beadle,  J.  H.,  7-9 

Bear  River  City,  1012;  photo,  10 

Belle  Fourche,  S.  D.,  36 

Benton,  6-9;  photos,  2,  8 

Bird's  Eye  Pass,  51 

Blackmer,  H,  M.,  23,  24,  25 

"Boom  Towns  on  the  Union  Pacific:  Laramie,  Benton  and  Bear 
River  City,"  by  Emmett  D.  Chisum,  2-13 

Bowers,  W.  H.,  10 

Bowles,  Samuel,  9 

Boysen,  Asmus,  53 

Bradley.  R.  W.,  45,  46 

"Broadway  in  Cow  Country:  The  History  of  Cheyenne  Little  Thea- 
tre, "  (Part  II),  by  Lou  Burton,  38-48 

Brownsville,  6;  photo,  6 

Burton,  Lou,  "Broadway  in  Cow  Country:  The  History  of  Cheyenne 
Little  Theatre.  (Part  II)",  38-48;  biog.,  72 

Butler,  Hugh,  50,  53 


Casement,  Jack,  3,  7,  11 
Caswell,  C.  H.,  10 

70 


Chicago,  Burlington  and  Quincy  Railroad,  49,  50 

Chicago  and  Northwestern  Railroad,  34-37 

Chisum,  Emmett  D.,  "Boom  Towns  on  the  Union  Pacific:  Laramie, 
Benton  and  Bear  River  City,"  213;  biog.,  72 

Clark,  Edith  K.  O..  39,  40,  41 

Clarke,  John  Jackson,  59 

Continental  Trading  Company,  Ltd.,  23,  25 

Cook,  James  H.,  Fifty  Years  on  the  Old  Frontier,  review,  68-69 

Cooper,  J.  B.,  10 

Craig,  Nate,  55,  56,  59,  60 

Creston,  56 

Cummins,  D.  Duane,  William  Robinson  Leigh,  Western  Artist,  re- 
view, 68 


D 


Daniels,  Josephus,  16,  17 
Dare,  David  D..  31 
Daugherty,  Harry,  16,  19,  22 
Denby,  Edwin,  16-17,  18,  20,  22 
DeVere,  William  F.,  39-47 
Doheny,  E.  L.,  17,  20-21,  22,  24 
Draper,  Henry,  55-60;  photo,  57 


"Edison,  the  Electric  Light  and  the  Eclipse, 

54-62 
Edison,  Thomas  A.,  54-62 
Elk  Hills  Naval  Reserve,  16,  24,  26 


Fairchild,  Alice,  43-45 

Fall,  Albert  B.,  15,  17-27 

Farrell,  Bard,  43 

Fifty  Years  on  the  Old  Frontier,  by  James  H.  Cook,  review,  68-69 


by  Philip  J.  Roberts, 


Folsom,  Ella,  11 

FORTS  AND  CAMPS - 
Bridger,  12;  photo,  11 
Steele,  7,  56,  60 

France,  James,  59,  60 

Frontier  Index,  5,  10-12 


Galbraith,  R.  M.,  54,  56,  59,  60 

Giddens,  Paul  H.,  "The  Naval  Oil  Reserve,  Teapot  Dome  and  the 

Continental  Trading  Company,"  14-27;  biog.,  72 
Guy,  George,  39,  41-43 

H 

Halverson,  Katharine,  43 

Harding,  Pres.  Warren  G.,  16-17,  18,  19 

Harkness,  William,  56 

Harris,  Jack,  7 

Hayes,  George,  3-4 

Hayes,  Larry,  55 

Hayes,  Laura,  review  of  William  Robinson  Leigh,  Western  Artist,  68 

Hoffman,  John  A,  11 

Hoig,  Stan,  The  Peace  Chiefs  of  the  Cheyenne,  review,  67 

Housh,  Don,  review  of  Fifty  Years  on  the  Old  Frontier,  68-69 

Hubbard,  Charles,  8 


Jarvie,  John,  57 

John  Selman,  Gunfighter,  by  Leon  C.  Metz,  review,  66 

K 

Keller,    Robert    G.,    "AH    the    News   that's   Fit   to   Chuckle    Over: 

Newspaper  Humor  in  the  Old  West,"  28-33;  biog.,  72 
Kemmerer,  J.  L.,  34 

Kendrick,  Sen.  John  B.,  18,  38;  photo,  19 
Kershisnik,  Virginia,  48;  photo,  42 
Kuykendall,  W.  R.,  8-9 


LaFollette,  Sen.  Robert  M.,  17,  18 

Laird,  James,  review  of  Man  Made  Mobile:  Early  Saddles  of  West- 
ern North  America,  66-67 
Lane,  Franklin  K..  16,  21 
Laramie,  3-4;  photo,  4 
Lenroot,  Sen.  Irvine,  18,  19,  20,  21 
Lester,  T.  £.,  5 
Lockyer,  J.  Norman,  58 
Loomis,  Ruth,  34,  47 

M 

McConnell,  J.  H.,  60 

McDermott's  Island,  10 

McFarland,  Mel,  "Wyoming's  First  Coal  Railroad,"  34-37;  biog.,  72 

McGinty,  Tom,  8 

McGraw,  Tom,  9 

McLean,  Edward  B.,  20,  22 

Mammoth  Oil  Company,  17,  22,  25-26 

Man  Made  Mobile:  Early  Saddles  of  Western  North  America,  edited 

by  Richard  Ahlbom,  review,  66-67 
Meldrum,  Jack,  30 

Metz,  Leon  C.John  Selman,  Gunfighter,  review,  66 
Miller,  A.  B.,  9  ^ 

Mokler,  Alfred  J.,  7 
Moyer  brothers,  4 
Murphy,  W.  H.,  3-4 


N 

National  Parks:  The  American  Experience,  "  by  Alfred  Runte,  re- 
view, 69 

"The  Naval  Oil  Reserve,  Teapot  Dome  and  the  Continental 
Trading  Company,"  by  Paul  H.  Giddens,  14-27 

Nelson,  Robert  C,  review  of  John  Selman,  Gunfighter,  66 

Nielsen,  Margaret  E.,  "Roving  Over  the  Wilds  of  Wyoming,"  49-53; 
biog.,  72 

Norris,  Sen.  George,  18,  19,  26 

O 

O'Daniels,  Barrie,  39,  40,  41,  44,  47 

O'Mahoney,  Agnes,  38-47 

O'Mahoney,  Sen.  Joseph  C,  38,  39 

Omohundro,  John  (Texas  Jack),  55,  56 

O'Neal,  Kathleen  M.,  review  of  The  Peace  Chiefs  of  the  Cheyenne, 

67 
O'Neil,  Jack,  11 
Osborne    W.  N.,  10 
Osier,  H.  S.,  23,  24 


Pan  American  Petroleum  Co.,  17,  22 

Parco  (Sinclair),  9 

The  Peace  Chiefs  of  the  Cheyenne,  by  Stan  Hoig,  review,  67 

Pomerene,  Atlee,  21,  22,  23-24,  26 

Porter,  Frederic  H.,  39-47;  photo,  40 

Powers,  Jimmy,  11 


Quaking  Mountain,  10 


Q 


R 


Rawlins,  55-61 

Rawlins  House  (hotel),  55;  photo,  56 

Reed,  Jimmy,  11 

Reiser.  Frances  Mentzer,  41.  43 

Roberts,  Owen  J.,  22,  23-24,  26 

Roberts,  Philip  J.,    'Edison,  the  Electric  Light  and  the  Eclipse.  "  54- 

62;  biog.,  72 
Roddapouch,  Louis,  4 
"Roving  Over  the  Wilds  of  Wyoming,"  by  Margaret  E.  Nielsen.  49- 

53 
Runte,  Alfred,  National  Parks:  The  American  Experience,  review, 

69 


Sabin,  Edward  L.,  5 
Sampson,  W.  T.,  56 

Schullery,  Paul,  review  of  National  Parks:   The  American  Experi- 
ence, 69 
Sinclair,  Harry  F.,  15,  17,  19,  20-21,  22,  24 
Smith,  Harry,  53 
Smith,  Tom,  12 
Smoot,  Sen.  Reed,  18-19,  20 
Stines,  Leroy,  49-53;  photo,  51 
Strawn,  Silas,  21 
Sundance,  36 


Teapot  Dome,  15-27 
Thermopolis,  50,  52-53 
Thornburg,  Maj.  T.  T.,  59,  60 
Thomburg  Hotel  (Laramie),  5 


71 


Throp,  Head  and  Steele,  10 

Tippets,  Moll,  4 

Topence,  Alex.  10 

Two  Rivers  (Wyoming  Station),  3 

U 
Union  Pacific  Railroad  (construction  of),  2-13 
U  S.S    Cheyenne,  16 
U  S.S.  Nevada,  16 
Wahlberg,  G.  D.,  20,  21 
Walsh,  Sen.  Thomas  J.,  18,  20,  23,  25 
Watson,  James,  56,  59 
Wilbur,  J.  H.,  10 


William  Robinson  Leigh,    Western  Artist,  by  D.  Duane  Cummins, 

review,  68 
Wind  River  Canyon,  50-53;  photos,  49,  52 
Wyoming  (town),  3,  55 

"Wyoming's  First  Coal  Railroad,  "  by  Mel  McFarland,  34-37 
Wyoming  and  Missouri  River  Railroad,  34-37 
WSHS  27th  Annual  Meeting,  62-65 


Young,  J.  H.,  10 


CONTRIBUTORS 


EMMETT  D.  CHISUM  is  a  Professor  and  Research  His- 
torian in  the  American  Heritage  Center,  University  of 
Wyoming.  He  has  a  long-term  interest  in  the  develop- 
ment and  impact  of  the  railroads  on  the  West.  He  au- 
thored an  article  for  the  Annals  in  the  Spring  of  1980. 


PAUL  H.  GIDDENS  is  a  recognized  authority  on  the 
history  of  the  oil  industry.  He  was  awarded  the  PhD 
degree  from  the  State  University  of  Iowa  and  taught  at 
the  University  of  Kansas,  Iowa  State,  Oregon  State  and 
Allegheny  College.  He  was  president  of  Hamline  Univer- 
sity, St.  Paul,  Minnesota,  from  1953-1968,  and  has  held 
the  title  of  President  Emeritus  since  that  time.  Dr.  Gid- 
dens  is  the  author  of  five  books  and  200  articles,  many 
on  the  history  of  the  oil  industry.  He  authored  an  article 
that  appeared  in  the  Fall,  1978,  issue  oi  Annals. 


LOU  L.  BURTON  holds  B.A.  and  M.A.  degrees  in 
English  from  the  University  of  Wyoming  and  is  complet- 
ing course  work  for  an  M.A.  in  history  there.  Since  his 
retirement  from  the  U.  S.  Marine  Corps,  he  has  lived  in 
Cheyenne  where  he  and  his  family  have  been  active  in 
Cheyenne  Little  Theatre.  His  50-year  history  of  the 
CLTP  was  written  with  the  assistance  of  a  fellowship 
from  the  Wyoming  Council  for  the  Humanities.  The 
first  half  of  the  article  appeared  in  the  Fall,  1980  issue  of 
Annals. 


MARGARET  E.  NIELSEN,  a  resident  of  Kearney, 
Nebraska,  is  an  author  and  historian.  Much  of  the 
material  in  the  article  about  her  father,  Leroy  Stines, 
came  from  family  reminiscences  and  research  in  the  col- 
lections of  the  Wyoming  State  Archives,  Museums  and 
Historical  Department. 


ROBERT  G.  KELLER  is  a  freelance  writer  in  New 
York.  A  graduate  of  Columbia  Law  School,  he  is  the 
author  of  a  suspense  novel  entitled  Warning  Call,  pub- 
lished in  March  by  Leisure/Tower  Books.  The  idea  for 
this  Annals  article  was  the  result  of  Keller's  research  for 
a  historical  novel  set  in  Wyoming. 


PHILIP  J.  ROBERTS  is  senior  historian,  Wyoming 
State  Archives,  Museums  and  Historical  Department.  A 
graduate  of  the  University  of  Wyoming  College  of  Law, 
Roberts  is  a  native  of  Lusk,  Wyoming. 


EDWARD  M.  "Mel"  McFARLAND  is  president  of  the 
Colorado  Midland  Chapter,  National  Railway  Histori- 
cal Society.  A  teacher  in  Fountain,  Colorado,  he  served 
in  the  U.  S.  Air  Force  at  Sundance,  Wyoming,  and  for- 
merly taught  in  Rapid  City,  South  Dakota.  His  first 
book,  The  Midland  Route,  a  story  of  the  Colorado  Mid- 
land Railway,  was  published  in  November,  1980. 


72 


WYOMING  STATE  HISTORICAL  SOCIETY 

The  Wyoming  State  Historical  Society  was  organized  in  October,  1953. 
Membership  is  open  to  anyone  interested  in  history.  County  chapters  of  the 
society  have  been  chartered  in  most  of  the  twenty-three  counties  of  Wyoming. 
Past  presidents  of  the  society  include:  Frank  Bowron,  Casper,  1953-55;  William 
L.  Marion,  Lander,  1955-56;  Dr.  DeWitt  Dominick,  Cody,  1956-57;  Dr.  T.  A. 
Larson,  Laramie,  1957-58;  A.  H.  MacDougall,  Rawlins,  1958-59;  Mrs.  Thelma 
G.  Condit,  Buffalo,  1959-60;  E.  A.  Litdeton,  Gillette,  1960-61;  Edness  Kimball 
Wilkins,  Casper,  1961-62;  Charles  Ritter,  Cheyenne,  1962-63;  Neal  E.  Miller, 
Rawlins,  1963-65;  Mrs.  Charles  Hord,  Casper,  1965-66;  Glenn  Sweem, 
Sheridan,  1966-67;  Adrian  Reynolds,  Green  River,  1967-68;  Curtiss  Root,  Tor- 
rington,  1968-69;  Mrs.  Hattie  Burnstad,  Worland,  1969-70;  J.  Reuel  Armstrong, 
Rawlins,  1970-71;  William  R.  Dubois,  Cheyenne,  1971-72;  Henry  P.  Chadey, 
Rock  Springs,  1972-73;  Richard  S.  Dumbrill,  Newcastle,  1973-74;  Henry  Jensen, 
Casper,  1974-75;  Jay  Brazelton,  Jackson,  1975-76;  Ray  Pendergraft,  Worland, 
1976-77;  David  J.  Wasden,  Cody,  1977-78;  Mabel  Brown,  Newcastle,  1978-79; 
James  June,  Green  River,  1979-80. 

Membership  information  may  be  obtained  from  the  Executive  Head- 
quarters, Wyoming  State  Historical  Society,  Barrett  Building,  Cheyenne, 
Wyoming  82002.  Dues  in  the  state  society  are: 

Life  Membership   $100 

Joint  Life  Membership  (husband  and  wife) $150 

Annual  Membership $5 

Joint  Annual  Membership  (two  persons  of  same  family 

at  same  address) $7 

Institutional  Membership $10 

President,  William  F.  Bragg,  Jr.,  Casper 
First  Vice  President,  Don  Hodgson,  Torrington 
lyo0-19ol       Second  Vice  President,  Clara  Jensen,  Casper 
VJriicers  Secretary-Treasurer,  Mrs.  Ellen  Mueller,  Cheyenne 

Executive  Secretary,  Dr.  Michael  J.  Boyle,  Cheyenne 


^^¥1 


'KaB^, 


£-7 


_-^afc^- je 


THE  WYOMING  STATE  ARCHIVES,  MUSEUMS  AND  HISTORICAL  DEPARTMENT 

The  function  of  the  Wyoming  State  Archives,  Museums  and  Historical  Department  is 
to  collect  and  preserve  materials  which  tell  the  story  of  Wyoming.  It  maintains  the  state's 
historical  library  and  research  center,  the  Wyoming  State  Museum  and  branch  museums, 
the  State  Art  Gallery  and  the  State  Archives.  The  Department  solicits  original  records  such 
as  diaries,  letters,  books,  early  newspapers,  maps,  photographs  and  art  and  records  of  early 
businesses  and  organizations  as  well  as  artifacts  for  museum  display.  The  Department  asks 
for  the  assistance  of  all  Wyoming  citizens  to  secure  these  documents  and  artifacts.  Depart- 
ment facilities  are  designed  to  preserve  these  materials  from  loss  and  deterioration. 

WYOMING  STATE  LIBRARY,  ARCHIVES  AND  HISTORICAL  BOARD 

Mrs.  Suzanne  Knepper,  Buffalo,  Chairman 

Dave  Paulley,  Cheyenne 

Mrs.  Wilmot  C.  McFadden,  Rock  Springs 

Eugene  Martin,  Evanston 

Jerry  Rillahan,  Worland 

Mrs.  Mae  Urbanek,  Lusk 

Ken  Richardson,  Lander 

Frank  Bowron,  Casper 

Attorney  General  Steven  H.  Freudenthal  (ex-officio) 


ABOUT  THE  COVER — The  cover  painting,  entitled  "Early  Winter,  "  is  the  second  Bill 
Gollings  work  featured  on  an  Annals  cover.  The  first  was  "The  Night  Hawk"  on  the  Spring, 
1980,  cover.  Gollings  completed  "Early  Winter"  in  1921  and  the  16x22-inch  painting  was 
loaned  for  Annals  by  Dr.  William  T.  Ward  whose  collection  of  Gollings  paintings  was 
displayed  in  the  State  Art  Gallery  in  the  summer  of  1981.  A  native  of  Idaho,  Gollings  and 
his  family  moved  to  Chicago  when  Bill  was  ten  years  old.  He  returned  west  when  he  was  18 
and  rode  the  range  as  a  cowhand  in  Montana  and  Wyoming  for  the  next  five  years.  In  1902 
and  on  several  later  occasions  Gollings  returned  to  Chicago  to  study  art  at  the  Academy  of 
Fine  Arts.  Sheridan,  Wyoming,  had  become  his  home,  however,  and  in  1909  he  built  a 
studio  there.  Gradually ,  his  works  gained  commercial  acceptance.  He  died  in  Sheridan 
April  16,  1932. 


<iA 


NNALS  of  WYOMING 


Volume  53,  No.  2 
Fall,  1981 


GOVERNOR  OF  WYOMING 

Ed  Herschler 

DIRECTOR 

Dr.  Michael  J.  Boyle 

CO-EDITORS 

William  H.  Barton 
Philip  J.  Roberts 

ASSISTANT  EDITORS 

James  R.  Laird 
Timothy  Cochrane 
Jean  Brainerd 

EDITORIAL  ASSISTANTS 
Klaudia  Stoner 
Kathy  Martinez 


TABLE  OF  CONTENTS 

THE  SUPREME  COURT  APPOINTMENT  OF 

WILLIS  VAN  DEVANTER 2 

By  Daniel  A.  Nelson 

DRAINAGE  DISTRICTS  AND  THE  GREAT  DEPRESSION 12 

By  Jim  Donahue 

HISTORY  OF  WYOMING  TERRITORIAL 

SUPREME  COURT  JUSTICES 22 

By  Rebecca  Wunder  Thomson 

LETTERS  FROM  A  POST  SURGEON'S  WIFE 44 

Edited  by  Thomas  R.  Buecker 

MEDICAL  INCIDENTS  IN  THE  LIFE  OF 

DR.  JOHN  H.  FINFROCK 64 

By  Dr.  Anthony  Palmieri  and  Chris  Humberson 

WSHS  32nd  ANNUAL  TREK 70 

BOOK  REVIEWS 72 

INDEX 83 

CONTRIBUTORS   88 


Annals  of  Wyoming  is  published  blannually  in  the  Spring  and  Fall. 
It  is  received  by  all  members  of  the  Wyoming  State  Historical  Society  as 
the  official  publication  of  that  organization.  Copies  of  previous  and  cur- 
rent issues  may  be  purchased  from  the  Co-Editors.  Correspondence  should 
be  addressed  to  the  Co-Editors.  Published  articles  represent  the  views  of 
the  author  and  are  not  necessarily  those  of  the  Wyoming  State  Archives, 
Museums  and  Historical  Department  or  the  Wyoming  State  Historical 
Society.  /^NNALS  OF  WYOMING  articles  are  abstracted  in  Historical 
Abstracts.  America:  History  and  Life. 

©Copyright  1981  by  the  Wyoming  State  Archives,  Museums  and  Historical  Department. 


The  new  justice  in  1911  (standing,  left) 


THE  SUPREME  COURT 

APPOIIVTMENT  OF 
>f  ILLIS  VAN  DEVAIVTER 


By  Daniel  A.  Nelson 


2 


one  of  the  "nine  old  men"  in  1936  (seated,  second  from  left). 


And  in  spite  of  the  fact  that  the  President  knew  that 
Van  Devanter  was  biased  in  favor  of  the  great  interests, 
he  appointed  him  to  the  Supreme  Bench.  Upon  whose 
recommendation  was  the  appointment  made?  Will 
President  Taft  make  this  information  public? 

William  Jennings  Bryan  (in  a  speech 
criticizing  the  Van  Devanter  Supreme 
Court  appointment,  November  5, 
1911,  Lincoln,  Nebraska)' 


Warren's  "crowning  characteristic"  was  loyalty,  "as 
he  stuck  to  his  friends  through  thick  and  thin,  and 
through  good  and  evil  report.  " 


W.  C.  Deming,  Cheyenne  publisher 
(commenting  on  a  longtime  friend, 
Francis  E.  Warren)^ 


In  December  1910,  President  William  Howard  Taft 
appointed  Willis  Van  Devanter  as  an  Associate  Justice  of 
the  United  States  Supreme  Court.  Undoubtedly  the 
highest  and  most  prestigious  poUtical  appointment  ever 
given  to  a  Wyomingite,^  it  was  not  won  without  the  exer- 
tion of  tremendous  effort  on  the  part  of  Wyoming's  Con- 
gressional delegation,  which  consisted  of  Senators  Fran- 
cis E.  Warren,  Clarence  D.  Clark  and  Representative 
Frank  Mondell. 

The  Warren  letterbooks,  in  the  archives  in  the 
American  Heritage  Center  at  the  University  of  Wyo- 
ming, contain  valuable  information  on  the  circum- 
stances and  behind-the-scene  activities  surrounding  the 
appointment.  This  study  will  piece  together  the  infor- 
mation from  the  letterbooks  into  a  coherent  narrative 
beginning  with  attempts  by  Warren  to  secure  Van  De- 
vanter a  Cabinet  position  in  the  Taft  Administration  in 
1909." 

Three  observations  should  be  made  at  the  outset. 
First,  the  proper  importance  to  be  assigned  Clark's  and 
Mondell's  roles  cannot  be  ascertained  from  the  letter- 
books.  That  they  were  influential  is  seen  in  the  Warren 
correspondence,  as  well  as  in  the  few  newspaper  clip- 
pings which  pertain  to  the  appointment  and  are  found 
in  the  Warren  scrapbooks,  also  in  the  University  of  Wyo- 
ming's Archives. 

This  leads  to  a  second  observation.  There  are  only 
half  a  dozen  articles  relating  to  Van  Devanter  in  the 
Warren  scrapbooks,  and  while  it  might  seem  odd,  this 
scarcity  is  easily  explained  after  examining  Warren's  let- 
ters. Evident  throughout  the  Senator's  correspondence 
to  Van  Devanter  and  his  supporters  in  1909  and  in  1910 
is  the  fact  that  many  of  the  newspaper  clippings  which 
would  ordinarily  have  been  pasted  in  Warren's  scrap- 
books  were  sent  to  Van  Devanter,  to  his  supporters  to 
send  on  to  President  Taft,  and  directly  to  Taft  by  War- 
ren. While  it  is  unfortunate  that  these  clippings  are  not 
available  for  comparison,  the  few  which  are  provide  lit- 
tle information  that  is  not  obtainable  through  a  careful 
reading  of  the  letterbooks. 

Third,  the  Van  Devanter  appointment  is  an  impor- 
tant, as  well  as  an  interesting,  episode  in  Wyoming  his- 
tory, for  it  clearly  shows  the  tremendous  influence  which 
the  "Warren  Machine"^  wielded,  not  only  at  the  state 
level,  but  also  in  national  political  affairs.  This  situation 
has  occurred  so  seldom  in  Wyoming  politics  that  when  it 
does  exist,  it  becomes  a  major  part  of  the  state's  history. 
The  writer  of  a  laudatory  article  on  Van  Devanter 
wrote  in  "The  Darling  of  Destiny"  in  The  Saturday 
Evening  Post,  March  18,  1911: 

This  [appointment]  proves  to  all  ambitious  young  men  that 
there  are  but  two  things  to  do  if  they  have  the  stuff  in  them: 
The  first  is  to  hook  up  with  destiny;  and  the  second  is  to  let 
destiny  land  you  in  the  state  where  live  two  men  who  are 
going  to  be  tremendous  powers  in  the  United  States  Senate. 
Simple  is  it  not? 


Van  Devanter  was  considered  for  a  Cabinet  position 
in  1909  and  received  the  Associate  Justice  appointment 
in  1910.  A  brief  examination  of  his  background  and  pre- 
vious accomplishments  suggests  that  "The  Darling  of 
Destiny"  label  was  justified. 

Van  Devanter  arrived  in  Cheyenne  from  Indiana  in 
1884.  Wyoming  was  still  a  territory,  and  Van  Devanter 
linked  himself  closely  with  the  Republican  Party,  con- 
trolled by  the  Warren  political  machine.  Within  two 
years  of  his  arrival.  Van  Devanter,  at  age  26,  was  ap- 
pointed a  commissioner  to  revise  the  territorial  statutes. 
At  27,  he  became  Cheyenne's  city  attorney;  at  28,  a 
member  of  the  territorial  legislature;  and,  in  1889,  he 
was  appointed  Chief  Justice  of  the  Supreme  Court  of 
Wyoming  Territory  by  President  Harrison.  After  Wyo- 
ming achieved  statehood  in  1890,  he  was  elected  the 
state's  first  Chief  Justice  at  age  30. 

In  a  territory  where  a  lawyer  was  a  rarity,  the  polit- 
ical and  economic  interests  sought  his  legal  skills,  and  he 
rapidly  climbed  up  the  political  ladder.  He  resigned  as 
Chief  Justice  within  a  matter  of  months  and  returned  to 
private  law  practice  with  his  brother-in-law,  John 
Lacey,  where  from  1891-1895  he  handled  a  number  of 
cases  for  the  Union  Pacific  Railroad  and  for  large  land 
and  cattle  companies.  During  these  years  he  also  served 
the  Wyoming  Republican  Party  in  various  capacities: 
chairman  of  the  Republican  State  Committee,  delegate 
to  the  Republican  National  Convention,  and  Republi- 
can National  Committeeman  from  1896-1900. 

In  1895  Van  Devanter  played  a  significant  role  in 
Warren's  and  Clark's  successful  United  States  Senate 
campaigns.  He  was  soon  rewarded  for  his  strong  support 
of  Warren  in  the  campaign  against  incumbent  Joseph 
M.  Carey,  also  from  Cheyenne.  From  1897-1903, 
through  the  influence  of  Senators  Warren  and  Clark,  he 
served  as  an  Assistant  Attorney  General  assigned  to  the 
Interior  Department,  with  jurisdiction  over  public 
lands.  McKinley  had  made  this  appointment,  and  Van 
Devanter's  next  advancement  was  made  by  President 
Theodore  Roosevelt  in  1903,  when  he  appointed  Van 
Devanter  to  fill  a  judgeship  on  the  Eighth  Judicial  Cir- 
cuit. From  here.  Van  Devanter  went  on  to  the  Supreme 
Court. 

These  later  advancements  were  also  the  result  of  the 
influence  of  Warren  and  Clark  who  have  been  described 
as  Van  Devanter's  "patrons  and  pushers."  They  were  im- 
pressed with  the  young  lawyer's  legal  and  administrative 
skills,  and  Van  Devanter  had  shrewdly  linked  himself 
with  the  political  and  economic  powers  in  Wyoming. 
(Sigfnificantly,  Senator  Clark's  brother  was  vice  president 
of  the  Union  Pacific  Coal  Company.)  Since  his  arrival  in 
the  Wyoming  Territory,  he  had  been  valuable  to  them 
and  to  the  Republican  Party,  and  they  were  valuable  to 
him  as  the  political  elements  behind  his  remarkable  ad- 
vancements.* Apparently  the  author  of  the  article  in 


The  Saturday  Evening  Post  accurately  assessed  and  la- 
beled Van  Devanter's  career. 

The  term  "destiny"  (which  the  author  used)  has  two 
applications.  First,  it  can  be  seen  as  the  predetermined 
course  of  one's  life;  secondly,  the  word  can  imply  the 
agents  which  do  the  determining.  While  it  is  difficult  to 
prove  that  destiny  in  the  first  sense  affected  Van  Devan- 
ter's career,  it  is  easy  to  see  destiny,  in  the  second  context 
of  the  word,  as  a  tremendous  force  in  his  career.  The 
agents  who  determined,  or  perhaps  a  better  word  would 
be  "insured,"  his  destiny  were  none  other  than  the  two 
powerful  Republican  senators  from  Wyoming.  T.  A. 
Larson  suggests  in  his  History  of  Wyoming  that  "Warren 
was  the  undisputed  leader."' 

The  most  noticeable  difference  between  the  attempt 
to  secure  a  position  for  Van  Devanter  in  the  Taft 
Cabinet  early  in  1909  and  the  two  attempts  for  the  Su- 
preme Court  seat  in  1910  is,  in  the  first  instance,  a 
strategy  of  watch-and-wait  as  against  the  do-or-die  cam- 
paigns which  finally  succeeded  in  December  1910.  In 
letters  to  Van  Devanter  early  in  1909,  Warren  wrote 
with  calmness,  "There  may  be  nothing  in  the  considera- 
tion of  you  for  the  Treasury  portfolio,  ...  on  the  other 
hand,  there  may  be  quiet  and  full  consideration,  and 
you  may  be  approached  at  any  time."' 

On  February  10,  1909,  Warren  wrote  to  Van  Devan- 
ter that  "I  am  keepin-on-sayin  nothing.  ...  1  know  posi- 
tively nothing  more  than  I  did  when  1  last  wrote.  ..." 
This  was  certainly  not  Warren's  attitude  of  the  following 
year,  and  perhaps  not  his  attitude  in  1909  regarding 
Van  Devanter  as  a  potential  Supreme  Court  candidate. 
In  a  letter  of  January  27,  1909,  to  Van  Devanter,  the 
Wyoming  Senator  wrote  that  he  realized  "that  Wyoming 
will  not,  in  our  life-time,  probably  reach  the  White 
House,  though  it  is  quite  possible  that  somebody  from 
Wyoming  may  reach  the  highest  judicial  or  cabinet  posi- 
tions." 

Following  the  negative  results  of  the  push  for  a 
cabinet  post,  Warren  wrote  to  Judge  Van  Devanter,  who 
had  been  on  the  Eighth  Circuit  Court  since  1903,  that 
the  President-elect  (inaugurals  were  still  held  in  March) 
".  .  .of  his  own  volition  told  Knox  that  it  would  hardly 
be  fair  to  you  to  ask  you  to  give  up  a  life  position  for  a 
term  — short  or  long  — in  the  cabinet."^  Warren  added 
that  Taft  also  told  Philander  C.  Knox,  who  was  the  new 
Secretary  of  State,  "That  if  he  was  to  appoint  a  man  to 
the  Supreme  Bench  now  from  the  Eighth  Circuit,  it 
would  be  V--,  etc.  It  would  seem  that  the  talk  of  your 
having  something  for  the  future  was  rather  proposed  by 
Taft,  as  1  understand  Knox."'"  In  the  same  letter  War- 
ren looked  to  the  future:  "Now  I  believe  the  use  of  your 
name  has  been  beneficial,  rather  than  deterimental,  be- 
cause Knox  assures  me  with  vigor  that  Taft  understands 
perfectly  that  you  were  not  asking  for  the  place,  but  that 
your  eyes  were  turned  in  another  direction." 


The  first  Taft  appointment  to  the  Supreme  Court 
came  in  October,  1909,  when  Justice  Peckham  died. 
This  appointment  went  to  Horace  H.  Lurton,  an  elderly 
judge,  who  got  the  position  because  of  his  lengthy 
friendship  with  Taft  and  the  President's  respect  for  his 
legal  talents.  Taft,  who  has  traditionally  been  viewed  as 
enjoying  his  position  as  Chief  Justice  more  than  that  of 
President,  admitted  that  the  legal  interests  of  the  coun- 
try were  probably  not  enhanced  by  Lurton's  appoint- 
ment, for  Taft  remembered  a  critic  of  the  appointment 
saying,  "He  says  ...  1  shall  sacrifice  the  needs  of  the 
country  and  the  needs  of  the  court  to  a  personal  feel- 
ing."" And  this  is  what  Taft,  with  his  fine  legal  abilities, 
did  with  his  first  court  appointment,  and  what  he  was 
determined  not  to  do  with  the  second. 

The  next  opportunity  came  early  in  1910;  although 
Van  Devanter  apparently  had  not  been  considered  for 
the  first  appointment,  he  was  in  the  running  for  the  sec- 
ond. But  this  vacancy  went  to  Governor  Charles  E. 
Hughes  of  New  York,  though  not  for  any  lack  of  interest 
or  effort  on  the  part  of  Warren  and  other  Van  Devanter 
supporters. 

The  Supreme  Court  opening  came  with  the  death  of 
Associate  Justice  Brewer,  and  Warren  wasted  little  time 
to  make  his  pitch  for  his  candidate.  In  a  letter  to  Taft, 
dated  March  30,  1910,  he  wrote: 

...  I  have  known  the  Honorable  Willis  Van  Devanter,  I 
dare  say,  ever  since  he  graduated  and  became  a  member  of 
the  legal  profession  and  a  practitioner  before  the  Bar,  and  I 
can  say  conscientiously,  that  during  my  twenty-eight  years' 
of  practice  as  an  attorney,  I  have  never  met  with  any  other 
gentleman  who  possessed,  in  my  humble  opinion,  all  the 
qualifications  which  go  to  make  up  a  learned,  upright  and 
honest  judge. 

Caught  in  a  Wyoming  spring  snowstorm  which  had 
downed  some  telegraph  lines,  Warren  wanted  to  make 
certain  his  voice  was  heard  in  the  White  House.  Not 
waiting  for  mail  delivery,  the  Wyoming  Senator  wired 
the  President  the  following  message  the  same  day.  In 
fact,  it  was  sent  over  the  wires  twice  since  Warren 
wanted  to  make  certain  that  Taft  received  it. 

On  storm  bound  train  I  learn  death  of  Justice  Brewer  from 
eighth  circuit.  Assuming  pressure  public  business  will  sug- 
gest early  action.  I  thus  early  wire  you  to  beg  appointment 
Judge  Willis  Van  Devanter  the  ablest  and  most  available 
man  in  eighth  circuit  and  the  peer  of  any  in  the  country  for 
this  position.  He  is  young,  strong,  vigorous,  and  reliable, 
resourceful  and  industrious  to  a  remarkable  degree,  is 
versed  in  mining,  milling,  water  right  and  irrigation  laws  so 
desirable  for  the  west,  and  possesses  all  the  qualities  to 
honor  this  high  judicial  position  and  your  administration. 

The  telegraph  lines  from  Wyoming  were  filled  not 
only  with  messages  to  the  President  that  day.  Warren's 
letterbooks  also  show  that  he  literally  flooded  the  wires 
with  requests  to  his  contacts  for  aid  in  securing  the  posi- 
tion for  the  judge  from  Wyoming.  For  example,  to 
Judge  J.  A.  Van  Orsdel,  another  successful  Wyomingite, 


then  seated  on  the  Superior  Court  of  the  District  of  Co- 
lumbia, he  wired, 

Got  caught  in  storm.  Wires  down.  Just  reached  here.  Can't 
you  and  your  associates  act  vigorously  in  ways  open  to  you 
for  Van  Devanter  to  succeed  Brewer.  Reach  members  of 
Supreme  Court  if  you  can  and  think  it  advisable. 

To  Senator  Clark  he  wired:  "Know  you  and  Mondell 
working."  In  telegrams  on  the  same  day,  to  Clark  and 
Mondell,  he  requested  their  aid  in  "soliciting  endorse- 
ments .  .  .  and  securing  such  other  assistance  as  possible 
and  which  you  know  so  well  how  to  reach."  Here  was 
Warren's  own  recognition  of  the  power  of  the  Wyoming 
Congressional  delegation. 

As  soon  as  Warren  escaped  the  Wyoming  snows,  he 
returned  to  Washington.  In  a  letter  to  Van  Devanter 
dated  April  2,  1910,  three  days  after  he  had  sent  the 
numerous  telegrams  from  Wyoming,  Warren  wrote  that 
he  arrived  in  Washington  at  10:30,  went  to  his  hotel, 
changed  clothes  and  was  at  the  White  House  by  11  a.m. 
Unlike  the  actions  regarding  the  Cabinet  post  for  Van 
Devanter,  there  was  no  timidity  or  hesitancy. 

In  his  letter,  Warren  continued  to  relate  to  Van  De- 
vanter the  details  of  his  call  upon  Taft  and  noted  that  he 
told  him  that  the  President  had  been  in  office  for  over  a 
year  and  "  'this  is  the  first  time  I  have  called  upon  you  to 
press  the  claim  of  anyone  and  to  ask  for  patronage.'  " 
He  noted  that  Taft  had  remarked  that  Van  Devanter 
had  a  good  friend  in  his  Cabinet  in  Secretary  of  State 
Knox,  but  that  the  "  'New  York  circuit  feels  rather  sore 
and  exceedingly  anxious  for  this  appointment  now, 
since  it  did  not  get  the  one  made  vacant  a  short  time 
ago.'  "  Taft  also  commented  that  he  would  not  be  mak- 
ing the  decision  for  "  'a  month  or  even  two  and  would  let 
the  proposed  names  go  out  to  the  country,  give  the 
country  time  to  respond;  and  see  what  the  country 
would  say  of  good  or  bad  — if  there  was  anything  bad  — 
about  each  of  the  candidates.' 

Warren  mustered  all  of  his  forces  to  let  Taft  hear 
from  responsible  people  who  favored  Van  Devanter.  He 
sent  the  President  articles  from  the  leading  Republican 
and  Democratic  papers  in  Wyoming  and  carried  on 
heavy  correspondence  with  innumerable  contacts  in  at- 
tempting to  secure  endorsements. 

Warren  worked  indirectly,  hoping  that  Taft  would 
not  realize  his  zealous  efforts  on  behalf  of  Judge  Van  De- 
vanter. For  example,  Warren  sent  clippings  to  Van 
Orsdel  and  others  telling  them  to  distribute  them  among 
responsible  citizens,  especially  in  the  legal  profession, 
who  could,  in  turn,  send  them  to  Taft  on  their  letter- 
heads or  under  their  signatures.  Warren  felt  he  had  per- 
sonally sent  Taft  enough  material  for  the  President's 
"Van  Devanter  file."  On  April  10,  1910,  Warren  wrote 
the  judge  that  he  was  enclosing  clippings  from  some 
Washington  newspapers  and  had  "arranged  to  have  a 
good  article  in  The  Washington  Post." 


Warren's  attempt  to  conceal  his  key  role  as  Van  De- 
vanter's  public  relations  man  failed  at  one  point  as  he 
had  asked  his  Washington  secretary  in  one  of  his  tele- 
grams from  Wyoming,  to  have  Senator  Guggenheim  call 
on  Taft  and  request  Van  Devanter's  appointment.  Evi- 
dently when  Senator  Guggenheim  saw  Taft,  he  spoiled 
Warren's  scheme  of  having  the  endorsements  appear  as 
individual  requests  to  the  President  instead  of  being  vig- 
orously sought  after  by  the  Warren  forces.  On  April  4, 
1910,  Warren  wrote  to  Van  Devanter  that  "I  am  afraid 
Senator  Guggenheim  told  the  President  that  'we'  asked 
him  as  it  would  be  just  like  him  and  his  size  to  do  so.  You 
will  remember  I  took  pains  not  to  write  him  direct." 

On  April  20,  1910,  Warren  wrote  the  judge  that 
Charles  Evans  Hughes  would  probably  get  the  nomina- 
tion, which  in  fact  happened  several  days  later.  Wyo- 
ming was  certainly  not  as  powerful  or  as  influential  as 
New  York,  and  if  the  effort  had  failed  this  round,  it  was 
only  a  matter  of  time.  In  checking  the  time  schedule,  it 
appears  that  Taft  had  not  kept  in  mind  his  mentioning 
to  Warren  (and  to  others)  that  the  vacancy  would  not  be 
filled  until  he  had  heard  from  responsible  citizens 
around  the  country  and  had  had  time  to  evaluate  the 
candidates.  The  appointment  was  made  less  than  a 
month  following  Justice  Brewer's  death. 

In  comparing  the  national  reputations  of  Hughes 
and  Van  Devanter,  it  is  remarkable  that  Van  Devanter 
was  so  strong  a  possibility.  This  fact  can  be  better  under- 
stood by  noting  that  the  recently  deceased  Brewer  was 
from  the  Eighth  Judicial  Circuit,  one  of  the  largest 
federal  circuits,  and  that  Taft  realized  the  Western  in- 
terests did  need  representation.  The  Hughes  appoint- 
ment came  so  suddenly  that  letters  of  endorsement  for 
Van  Devanter  were  still  pouring  into  his  and  Taft's  of- 
fices from  all  parts  of  the  West,  even  from  attorneys  in 
Hawaii.  Scattered  references  in  Warren's  correspon- 
dence of  the  time  (for  example,  April  2,  1910)  indicate 
that  Clark  and  Mondell  were  also  actively  soliciting  sup- 
port and  endorsements. 

On  April  26,  1910,  the  day  after  Hughes'  nomina- 
tion was  sent  to  the  Senate  for  confirmation,  Warren 
wrote  to  Van  Devanter  that  the  matter  had  been  decid- 
ed. He  could  be  heading  home  to  Cheyenne  "as  soon  as 
possible."  He  indicated  that  he  was  sending  the  "Tre- 
mendous flood  of  papers  of  all  kinds  — public  and  pri- 
vate" to  Van  Devanter  for  safekeeping  until  they  should 
need  them  on  their  "next  endeavor."  Also  on  April  26, 
1910,  in  a  letter  to  John  F.  Carroll,  editor  of  the 
Portland  Telegram,  (Oregon),  Warren  thanked  the 
newsman  for  an  editorial  favorable  to  Van  Devanter 
even  though  Hughes  had  been  appointed.  He  continued 
with  an  optimistic  outlook  and  a  foreshadowing  of 
events  which  followed  later  that  year: 

Of  course,  all  of  our  efforts  have  gone  for  naught  so  far  as 
the  present  vacancy  is  concerned,  but  at  the  same  time,  we 
have  built  up  a  good,  solid  foundation  for  future  efforts. 


The  Supreme  Court  has,  at  least,  two  members  who  cannot 
hold  on  for  long,  and  when  these  expected  vacancies  occur, 
either  through  resignation  or  other  causes,  we  will  be  in  a 
good  position  to  again  take  up  Judge  Van  Devanter's  cause. 
By  early  May  1910,  Warren  was  back  in  Wyoming 
having  relaxed,  for  a  moment,  the  pace  of  the  Van  De- 
vanter  "push."  There  were  no  vacancies  on  the  court, 
but  as  the  preceding  letter  shows,  Warren  had  expecta- 
tions. In  a  letter  to  Van  Devanter  on  May  2,  1910,  re- 
garding another  letter  of  endorsement  which  had  ar- 
rived, Warren  wrote:  "I  am  having  to  go  on  to  the  Presi- 
dent to  be  considered  in  connection  with  other  letters  in 
the  'Van  Devanter  file.'  "  The  next  opportunity  to  bring 
out  the  file  was  not  far  off,  for  the  campaign  for  the 
judge  from  Wyoming  was  renewed  after  July  4,  1910, 
when  Chief  Justice  Melville  W.  Fuller  died. 

Senator  Warren  had  returned  to  the  East  by  July, 
1910,  and  upon  hearing  of  Chief  Justice  Fuller's  death, 
he  tried  to  make  an  appointment  to  see  President  Taft, 
who  was  on  a  ten-day  vacation  at  Beverly,  Massachu- 
setts, and  would  have  no  appointments  during  the  time. 
In  a  letter  to  Van  Devanter  dated  July  7,  1910,  Warren 
closed  with  the  observation  that  "I  do  not  know  that  I 
could  have  accomplished  anything  anyway." 

Warren  had  journeyed  as  far  as  Boston  on  July  6  but 
had  returned  to  take  his  own  vacation  at  a  health  spa  at 
French  Lick,  Indiana.  Warren,  who  was  sixty-six  in 
1910,  undoubtedly  was  weary  from  the  pressures  of  the 
Van  Devanter  campaign  that  spring.  Here  he  heard 
from  the  President's  secretary,  Charles  Norton,  who 
apologized  for  Taft's  inaccessibility.  Warren  wrote  to 
Van  Devanter  that  he  could  see  no  value  in  returning  to 
Beverly,  "especially  so  as  the  President  gives  it  out  so 
often  that  nothing  will  be  done  about  certain  appoint- 
ments and  other  business  until  late  in  the  fall."'^ 

During  the  summer  of  1910,  another  vacancy  on  the 
Supreme  Court  occurred  with  the  resignation,  due  to 
poor  health,  of  Associate  Justice  William  H.  Moody. 
Thus,  with  two  unfilled  seats.  Van  Devanter's  chances 
improved,  and  Warren  reinitiated  his  letters-of-endorse- 
ment  drive  in  hopes  of  finally  realizing  his  goal.  To 
make  certain  that  the  President,  who  early  in  September 
was  still  in  Beverly,  would  not  forget  Warren's  desires, 
the  Senator  wrote  him  on  September  6,  1910,  hoping 
that  Van  Devanter  would  not  be  "overlooked"  and  that 
"my  silence  and  absence  from  the  Seat  of  Government 
may  not  militate  against  Judge  Van  Devanter's  appoint- 
ment." 

This  letter  to  Taft  is  interesting  for  two  reasons. 
First,  Warren  showed  a  new  boldness  by  assuming  that 
the  appointment  would  be  forthcoming.  Second,  it  pro- 
vides straightforward  evidence  of  the  importance  of 
Warren's  role  in  the  final  outcome. 

However  positive  things  looked  early  in  the  fall  of 
1910,  there  were  factors  playing  increasingly  crucial 
roles  in  preventing  Taft's  appointment  of  Van  Devanter. 


The  first  of  these  was  the  previously  noted  idea  that  by 
this  time  the  Eighth  Judicial  Circuit  could  almost  count 
on  one  of  the  appointments. 

As  this  was  understood  by  everyone  from  the  Presi- 
dent on  down,  other  candidates  from  the  circuit  provid- 
ed increased  opposition.  Judge  Sanborn  of  Minnesota 
was  half-way  in  the  running  although  he  had  been  con- 
sidered several  times  before  and  was  now  seen  as  a 
"perennial  candidate."  The  most  powerful  opponent 
was  Judge  Hook  from  Kansas.  Even  as  late  as  a  week  be- 
fore Van  Devanter's  appointment  was  announced,  War- 
ren had  written  the  Wyoming  judge  of  a  conversation 
with  Taft,  during  which  Taft  said,  "  'I  believe  that  I 
have  decided  to  appoint  Hook.'  "  The  President  admit- 
ted that  "  'Yes,  Van  Devanter  is  one  of  the  handsomest 
men  I  have  ever  seen,  and  would  be  so  as  a  judge,  while 
Hook  is  as  homely  as  a  hedge  fence.'  "  Taft  told  Warren 
that  he  had  gathered  the  judgments  of  many  men  on 
both  judges,  and  it  seemed  to  him  that  "  'the  preponder- 
ance is  favorable  to  Hook,  besides  the  amount  of  busi- 
ness he  does  and  the  character  of  work  he  accom- 
plishes.' "'^ 


iHHifBHI 

Senator  Warren,    Van  Devanter's  patron. 


This  last  comment  of  Taft's,  praising  the  amount  of 
work  done  by  Hook  and  by  imphcation  suggesting  that 
Van  Devanter  did  not  do  a  proper  share  of  his  judicial 
duties,  became  the  most  persistent  obstacle  to  Van  De- 
vanter's  appointment.  Judge  Van  Orsdel  had  written 
Warren  on  August  1,  1910,  that  "they  are  using  the 
argument  in  the  East  against  Van  Devanter  that  he  is  a 
shirker.  In  fact,  ...  it  is  current  report  that  he  writes  no 
more  opinions  at  all."  Van  Orsdel  advised  that  a  state- 
ment concerning  the  number  of  opinions  prepared  by 
Van  Devanter  in  comparison  with  the  other  judges  from 
the  Eighth  Circuit  would  do  much  to  dismiss  this  criti- 
cism. 

In  retrospect,  this  complaint  of  Van  Devanter 's 
slowness  of  providing  judicial  opinions  was  largely  justi- 
fied, for  history  has  remembered  him  as  a  most  inactive 
member  of  the  Supreme  Court,  in  some  years  producing 
only  a  single  opinion,  and  none  in  1935.  Warren,  too, 
seemed  aware  of  this  professional  criticism  of  Van  De- 
vanter's  judicial  life.  As  soon  as  he  had  secured  the  ap- 
pointment for  the  Judge,  he  wrote  him  a  laudatory  let- 
ter, in  which  he  noted  that  a  man  from  the  Associated 
Press  had  told  the  Senator's  secretary  that  Van  Devanter 
was,  at  one  point  during  the  deliberations,  being  consid- 
ered for  Chief  Justice.  After  praising  Van  Devanter  for 
two  pages,  Warren  asked  at  the  end  of  the  letter,  as  if  he 
would  have  preferred  not  mentioning  it  at  all:  "By  the 
way,  have  you  a  lot  of  cases  to  write  up  and  finish  before 
you  can  take  the  oath  for  the  Supreme  Bench?  Will  the 
Attorney-General  or  the  President  probably  make  some 
expression  about  this?"'"' 

On  December  2,  1910,  Warren  sent  Van  Devanter 
one  of  his  "cipher  dispatches,"  which  when  sent  over  the 
wires  followed  the  line,  and  which,  when  reconstructed, 
read  from  left  to  right,  from  top  to  bottom.  In  code,  the 
telegram  began  with  "pursue  me"  and  ended  with 
"eleven."  This  method  was  used  by  Warren  for  confi- 
dential information,  which  in  this  instance  would  cer- 
tainly have  done  Van  Devanter 's  case  no  good,  if  it  were 
made  public  knowledge,  since  it  contained  opinions 
made  by  the  President  himself.  A  copy  of  the  telegram 
follows: 


Arrived 

at 

eleven 

saw 

President 

at 

twelve 

As 

I 

was 

going 

into 

white 

house 

met 

attorney 

Loomis 

coming 

out 

with 

Senator 

Curtis 

He 

took 

me 

to 

one 

side 

and 

said 

he 

had 

been 

to 

President 

for 

Pollock 

provided 

circuit 

judges 

not 

to 

be 

considerec 

President 

immediately 

brought 

up 

your 

name 

to 

Loomis 

and 

said 

not 

positive 

would 

not 

appoint 

circuit 

judges 

had 

thought 

favorably 

of 

you 

but 

was 

in 

possession 

list 

of 

cases 

written 

up 

by 

each 

one 

and 

you 

had 

not 

done 

your 

part 

had 

but 

few 

cases 

compared 

with 

the 

others 

Loomis 

said 

he 

expressed 

surprise 

to 

President 

and 

his 

opinion 

you 

were 

diligent 

and 

effective 

When 

I 

got 

to 

President 

he 

immediately 

entered 

private 

room 

and 

said 

without 

my 

mentioning 

you 

Now 

about 

Vandevanter 

I 

have 

list 

of 

business 

and 

he 

has 

not 

done 

his 

part 

While 

attentive 

in 

cases 

and 

I 

understand 

expressing 

himself 

freely 

and 

understandingly 

in 

counsel 

he 

seems 

to 

be 

a 

sort 

of 

old 

man 

afraid 

of 

his 

horses 

and 

does 

not 

write 

up 

his 

share 

of 

cases 

and 

so 

the 

work 

drags 

and 

he 

is 

away 

away 

behind. 

I 

expressed 

surprise 

stating 

that 

while 

I 

did 

not 

know 

his 

source 

of 

information 

I 

had 

known 

you 

since 

almost 

your 

boyhood 

and 

had 

found 

you 

exceedingly 

energetic 

and 

industrious 

and 

there 

must 

be 

error 

some 

where 

He 

flushed 

up 

sort 

of 

angry 

and 

said 

well 

I 

am 

telling 

you 

this 

so 

you 

may 

have 

party 

most 

interested 

immediately 

advised 

so 

he 

may 

get 

the 

other 

side 

if 

any 

before 

me 

Then 

he 

turned 

one 

way 

and 

I 

the 

other 

Please 

answer 

advising 

me 

fully 

what 

course 

to 

pursue 

The  following  day  Warren  sent  a  teleg[ram  to  his  son 
Fred,  in  Cheyenne,  who  managed  the  diverse  interests  of 
the  Warren  Livestock  Company.  The  Senator  men- 
tioned the  "rather  vexing  nature"  of  the  message  he  had 
sent  to  Van  Devanter  and  that  he  had  expected  a  night - 
letter  answer  from  the  Judge,  which  had  not  yet  arrived. 
He  warned  his  son  not  to  "bring  the  subject  up  unless  he 
does.""* 

Van  Devanter's  next  move  was  to  answer  Warren's 
telegram  with  his  own,  dated  December  5,  1910,  in 
which  he  admitted  being  slow  and  cautious  in  his  circuit 
court  work,  "not  from  indolence  or  timidity  ...  or  hesi- 
tancy .  .  ."in  reaching  decisions,  but  because  he  felt  he 
was  dealing  with  important  cases  which  deserved  his 
most  thoughtful  deliberation.  He  then  asked  in  con- 
trolled prose  that  his  name  be  withdrawn  from  consid- 
eration. 

Warren  sent  a  copy  of  the  telegram  to  Taft,  which 
included  the  following: 

I  emphatically  protest  against  impression  which  seems 
to  have  been  created  but  make  no  complaint  of  President's 
attitude  for  it  is  obviously  reasonable.  I  cannot  prepare  and 
submit  showing  in  my  own  behalf  now  without  assuming  at- 


titude  which  would  be  distasteful  to  me.  For  this  reason  I 
prefer  that  further  consideration  of  my  name  be  omitted; 
then  at  some  later  time  when  there  are  no  appointments  at 
stake  I  shall  hope  President  will  permit  me  personally  to 
make  full  statement  of  my  work  to  him  and  yourself.  I  will 
owe  this  to  both  because  of  his  consideration  of  my  name 
and  because  of  your  interest  in  presenting  it. 
The  pressure  was  on,  but  Van  Devanter  had  com- 
posed an  eloquent   telegram  which  carried  emotional 
overtones  of  being  unjustly  accused  without  the  proper 
means  of  defending  or  explaining  his  actions.  Warren 
had  sent  the  telegram  to  Taft  "by  riding  page,  and  it 
seemed    quicker    than    the    page    could    possibly    have 
reached  there  that  I  got  a  'phone  from  Secretary  Norton 
[Taft's  personal  secretary]  saying  the  President  wished  to 
speak  with  me  personally  over  the  'phone. "'^  Taft  ex- 
plained that  he  would  like  to  see  Warren  "  'to  talk  the 
matter  over,'"  and  after  conversing  with  Taft  at  the 


White  House,  Warren  was  only  able  to  give  unpleasant 
news  — that  it  looked  like  Hook  would  get  the  appoint- 
ment. Yet,  Van  Devanter 's  telegram  must  have  influ- 
enced the  President  even  more  than  he,  or  Warren,  had 
been  able  to  see.  It  might  have  been  the  beginning  of 
Taft's  soon-to-come  switch  to  Judge  Van  Devanter.  Its 
unjustly  accused  tone  from  the  underdog  must  have 
stuck  in  Taft's  mind. 

Two  other  developments  during  the  following  week 
enhanced  Van  Devanter's  chances.  The  first  of  these  was 
a  private  letter  which  Van  Devanter  sent  to  Warren, 
partially  to  answer  the  ciphered  telegram,  and  more 
covertly,  perhaps  as  an  indirect  source  of  information 
for  Taft.  Warren  explained  to  Taft  that  he  had  a  private 
letter  from  Van  Devanter  "which  made  the  ratio  of  work 
done  by  the  judge  look  quite  different,  and  he  im- 
mediately asked  me  to  let  him  see  it."  Warren  explained 


VAN  DEVANTER 
NOW  APPOINTED 


HiflMM  0—r*  if   TM  Ui<4 


0*imON«    Of    M«W    UWVfM 

..11/ 


Of  mtrntnt  CHy. 


rnMwti  Taft  MM  to  !*•  VUlat 
MMM     WMM,  M     Uflv  ol  Mm 


iiOm  WIBIi  VU4MMIOT.  ol  Wroa- 
IM,  tor  fiitoii  jmMm  o(  Um  ■» 
tnm»  OduM  t  tte  XMfi  ■laiM. 

WkM  tk*  inMMt  ■— rMH«  Got 
C.  1.  tkt^m  g(  Mm  York,  Uw  *m- 
pit  ct  WtwriM.  kaawlag  tkat  ikn* 
rtn  Dttar  nmmttm  WM  tkto  •■■ 
m»i*t  iMMk  t*  k*  niM,  «<■«•>• 

Tto 


U   WMMaatoa  m<  lb*  •»- 
wiwiM  «i  J«<(«  ywttnmn   to 


■b(n  o(  Ik*  kar  at 


ru  Bafakl 
Tt««a  of  Um 
Bi«  Hon  m 
Tk*r  »a  Mfw  ikM  tka  wlttllwi  «( 
tk«  tataUMi  tomm  ftm  h  •  mtm- 
4M  OM  u«  WkM  «tt  BMt  «Mk  Iki 
■Ptronl  set  o^  o(  m»  Hofto  M 
Wj  aalBi.  kat  <te  efMln  aMBl«T  u 
«f  II.  Tb»  OkcFMM  IMkan  kaa  tka 
(oUevInc  to  mt; 

"WUUs  Vu4«mator  iraalliiallr  k» 
■Ml  kl*  trofci^iMl  mMmt  ki  *■ 
UMiorj 

•vary  twty  ii»lir>ikii,  w»IM  «M 
•  iiam  IMarMt  la  pablta  afliba, 
ki«s  m^tt  Urn  a  laatir  al  tka  Iw 
>nd  a  oaui  at  aUa  taflaaaaa. 

Ha  waa  bora  ta  MartaiJadUyrt) 
IT,  IN*.  Ma  (Mkw.  Hon.  loaM  Vaa- 
ttTKKOT.  a  lawrar  aad  aaa  at  k%k 
■N»aU.  waa  at  Oatok-kMi  «aaaaat 
Bki  torn  la  Ok<»  Mm  boMmt.  TIo 
Mto  M.  (Bpaaear)  V*B«««aatar,  I* 
a  aatlTa  ot  Ika  ■■•  atoU  aa<  a: 
■nilNk-Oai— o  «aaasat. 

—"Hacatloa  waa  t«oa4*«4  la  tk< 


a  long  oaa  Ikaa  ynatMaa 
ki«  la  Ckaivaa*.  Ha  oaa  aa  a*(  aa4 
m.iat  jroaaa  anaraay  Ikaa  mat  ka 
kaa  k»a  laliia  afar  alaaa.  Tka  aaaa 
try  la  lo  ba  waiiamlaia*  tor  kaalac 
Ha  avoa  tka  aayrma  fcaaak  mt  tka 
■raataat  ce»<  la  tka  vrrM.  aM  Wy- 
aariof  abiMild  ka  aapaa'ally  pnM  tkal 
jaa  or  bar  toaa  baa  raaekn*  tka  aaol 
at  all  huoaa  asMt'ofa." 
'  l/.arrr  C.  U  liaai:  "Tka  aalaa- 
iloB  ol  JiHlyi  Vaalarsalar,  «(  Wyaa- 
las,  by  PrMWaat  Taft  lo  tba  fclikaal 
aooit  of  ih*  land  la  rimwmt  «llk  m^ 
^oral  br  alt  W)aariB(." 

Atlorcfy     W.     C.     laaw:      Ja4«> 

aa«riiataa  ataatfa  klifc  aa  a  (•4a^ 
•I  )a«|a  aa4  hi  kta  aaw  yaaHtaa  aa 
luter  or  thr  ■opraaa  Caart  will. 
I  t>'l:F?K.  be  a  eraaii  to  Wyoabi«. 

T.  M.  Hy4a,  at  CWMna*  Hftm:  "I 
an  ^ul  a  Wyoalaa  aaa  «u  a»- 
piiaut  to  tka  mriai  kawb  tar  tka 
raaaoa  h«  mimtt  ba  baltar  aa«aalBi« 
•Ilk  Mw«aoaa  bar*  to  tba  vaol 
ikoa  aa  Moura  tatm-" 

Hob.  H.  S.  B'«aMy:  -Tka  Wy«- 
ataf  bar  baa  arrHtoly  baaa  oaoiyll- 
Baata4  to  tba  ibpakiiaiM  at  tmlm' 
Taataraaaar  of  tba  olroaM  mamii  to 
tka  oaprcaa  koKk.  Wa  tool  •ani- 
■y  oiatad  eror  tka  aypolaf  at  tor 
aa  bar*  baaa  aojt  bl*ly  hoaorad. 
tmim  Viiiiaiamar  la  aot  only  oaa 
■t  **m  l-««ii«  torau  at  tba  oooatry. 
ba  to  alao  a  crMt  and  load  aaa 
Tka  anxHBIBaM  la  a  Jaal  rraard  at 
aartt. 

G.  A.  Carla«:  "l»iilliut  TbH  to 
'.ka  awolBtaoat  at  Imtm  WlOto  Vaa- 
lavaalar  baa  iiiiini  iMiiiaMy  aai  tba 
kopaa  at  tba  poapto  at  Wynalag.  To 
«*«  y  tkto  ablit  to  tka  kMaal 
bMribto  koaar  ooy  towyor  aaiy  ka»a 


«■  ■•  W«*  towyar:  -I»a  atpatol- 
aaat  ml  Wllto  Taadaraaiar  to  tba 
■to'i"'  WMk  at  tka  Daila*  ttaMa 
•kaoM  b*  a  aowoa  «t  tralUtoaMaa 
-0  all  aitoaa  of  tba  Batty 
lata  alalaa.  k  bat 
XttoUtoory  tbat  Ika  wm  at  ta«v 
at  aMUty     mmt 


laUad.  W*  aaa  laat  aaauad  (tet 
attb  oiaa  Uka  tmtm  VaadwMtar 
a  tka 


VOL.   XXI,    NO.   lo;. 


JUDGE    VAN    DEVANTER    OF   WYO 

MINQ    AND    JUDGE    LEMAR    OF 

OEORCIA    WILL    BE    ACTED 

UPON    BY   SENATE 

•enata  Judiciary  Comiiittee  Refert 
Appointmcnti  to  Subcommittee 
and  Reccmmindatio-i  Made  for 
Immediate  Action — Grand  Jury 
Aaked  to  Investigate  Recent  Bum 
ing  at  Stake  in  New  Moico. 

Wanhlogtoil,  l>c  1.  -ih^  s.nai. 
Judlnary  commillee  tcjay  relerred 
tbe  prealdeot'e  tlw  appoiutmimtt  oi 
itaf  (uuf-t  or  cooimi-:i  V  jjdKfH  Kl  u  Mib 
«ummiLiiv  for  lnM-.-liK«l;i,n 
Will  Be  Confirmed. 

I  lie  Imm'dUli-  lOuflrmaliOQ  of  Wil 
.11,  \  sn  L>evanter  of  Wyomluj  aud 
JurL,,:i  R  Lamar  uf  tjeoit>ia  a.i  bu 
prt'UK-  t-ourt  Judtices  »a3  recomra.*nd 
^■d    tiy   lh«-  comrallli-e. 

Van  Dmymntmr  Conflrmad. 

Th«'  it-nale  thin  aftf-riioon  f'onnrm*-d 
iurti'ph  It  l.amar  uf  Uiorcla  &nd  Wil 
l.s  Nan  l'<\«ntir  of  Wyoniiog  a,)  aaao- 
•  late  Justices  of  th«*  supreme  rourt  of 
ibo    railed   Suict 


The  appointment  drew  favorable  comment  from  Wyoming's  newspapers. 


that  he  could  not  as  it  was  "'strictly  private."  Warren 
was  evidently  counting  on  human  nature  to  help  him 
along,  for  the  President  seemed  disappointed.  Warren 
then  told  him,  "  'Mr.  President,  I  ought  not  to  withhold 
anything  from  you,  and  if  you  will  consider,  in  reading 
it,  that  it  was  absolutely  a  confidential,  quickly- written, 
friendly  letter  such  as  husband  and  wife  or  brother 
might  write  to  each  other,  I  will  bring  it  over  and  let  you 
see  it.' " 

Warren's  psychology  worked  well,  for  by  withhold- 
ing the  letter  and  indicating  it  was  of  a  very  personal 
nature,  he  whetted  the  President's  appetite  to  see  it.  The 
letter  itself  is  not  in  the  Warren  letterbooks,  but  one  can 
imagine  that  it  made  all  the  positive  points  about  the 
Judge's  career.  Warren  realized  the  effectiveness  of  his 
move,  for  he  closed  his  letter  to  Van  Devanter,  in  which 
he  related  the  preceding  conversation  with  the  Presi- 
dent, on  an  affirmative  note,  by  saying:  "I  am  now  look- 
ing for  your  appointment,  and  you  will  probably  know 
about  it  before  this  letter  reaches  you.""  That  the  letter 
was  an  important  part  of  Taft's  decision  is  also  indicated 
by  his  note  to  Warren  on  the  Van  Devanter  appoint- 
ment. The  President  began:  "You  will  observe  that  I 
have  appointed  Van  Devanter.  I  believe  he  will  make  a 
great  Justice.  I  sincerely  hope  there  is  no  doubt  about  his 
confirmation.  I  return  the  correspondence  which  you 
left  with  me."'* 

However,  another  Warren  ploy  was  as  influential  as 
this  letter  in  assuring  that  the  appointment  went  to  Van 
Devanter.  The  day  of  the  appointment,  Warren  confid- 
ed in  a  letter  to  Van  Devanter  that  "I  guess  the  fire  I 
started  under  Hook  by  claiming  he  was  the  insurgents' 
candidate  has  spread  broadly. "'* 

Warren  had  suggested  a  similar  notion  to  President 
Taft  which  was  related  in  a  December  9,  1910,  letter  to 
Van  Devanter.  Warren  had  gone  to  the  White  House 
ostensibly  to  speak  to  Taft  on  irrigation  matters.  He  was 
to  have  seen  Taft  at  4:30,  but  Taft's  slowness  resulted  in 
his  not  seeing  the  President  until  7  p.m.  Warren  had 
presented  the  irrigation  matter,  during  which  Taft  "had 
slept  a  part  of  the  time,"  and  Warren  convinced  himself 
that  he  should  not  mention  anything  about  Van  Devan- 
ter because  of  his  recent  withdrawal.  However,  Taft 
mentioned  to  Warren  that  the  consensus  of  opinion  of 
the  Cabinet  "  'seemed  to  be  that  Van  Devanter  ought  to 
have  the  appointment." 

Taft  himself  seemed  not  yet  fully  convinced  until 
Warren  showed  him  clippings  from  "all  of  the  afternoon 
papers"  which  suggested  "that  the  insurgents  were  given 
credit  for  selecting  the  members  of  the  Supreme  Court 
to  avoid  their  opposition  and  possible  defeat  of  the  nom- 
ination." The  stalwart  Taft  was  already  having  trouble 
with  the  insurgents  in  his  party,  the  progressive  Repub- 
licans who  would  later  cost  him  re-election  in  1912.  The 
suggestion,  which  Warren  seemed  to  have  planted,  that 


this  troublesome  faction  was  determining  Taft's  Su- 
preme Court  appointments  greatly  vexed  the  President. 
Warren  continued  in  the  same  December  9,  1910, 
letter  to  Van  Devanter:  "By  this  time  Mr.  Taft's  sleepi- 
ness had  entirely  disappeared  and  he  was  the  most  thor- 
oughly awake  man  you  ever  saw,  his  eyes  snapping  fire; 
and  the  way  he  raked  over  the  insurgents  and  what  he 
said  about  them  would  not  look  at  all  well  in  print." 
Thus,  on  the  tenth  of  December,  the  Senator  could 
write  Van  Devanter  that  two  Senators  "were  informed 
today  very  pointedly  at  the  White  House  that  Hook 
would  not  be  appointed."  Two  days  later  congratulatory 
telegrams  were  being  received  by  Van  Devanter. 

While  it  is  not  possible  to  determine  from  the  letter- 
books  and  the  few  available  clippings  whether  or  not 
Hook  was  the  insurgents'  candidate,  Warren  had  evi- 
dently been  influential  in  spreading  the  word  that  he 
was  important  to  enough  people,  including  the  Presi- 
dent, to  lead  Taft  to  make  the  Van  Devanter  appoint- 
ment. Associate  Justice  Edward  White  was  promoted  to 
Chief  Justice  and  Van  Devanter  and  Joseph  R.  Lamar 
were  appointed  as  Associate  Justices.  Senator  Clark,  as 
Chairman  of  the  powerful  Senate  Judiciary  Committee, 
had  the  Van  Devanter  appointment  confirmed  before 
the  end  of  1910. 

The  influence  of  Warren  and  Clark  was  also  used  to 
secure  the  confirmation  of  Van  Devanter  prior  to  that  of 
Lamar.  Warren  wrote  to  Van  Devanter  in  Cheyenne,  af- 
ter the  announcement,  in  a  letter  dated  December  12, 
1910: 

The  order  in  which  the  names  came  to  the  Senate  was: 
White,  Chief  Justice,  Van  Devanter,  Associate  Justice,  and 
Lamar,  Associate  Justice.'  ...  I  have  talked  with  Clark  .  .  . 
and  have  asked  that  the  names  be  so  reported  from  his 
Committee,  in  order  that  you  may  be  senior  to  Lamar. 

Since  Warren  had  exerted  so  much  effort  already, 
he  was  not  about  to  overlook  this  final  detail  of  the  Van 
Devanter  appointment.  In  a  letter  to  Van  Devanter  on 
December  15,  1910,  Warren  announced  the  confirma- 
tion of  both  men.  Lamar's  confirmation  came  after  Van 
Devanter 's,  and  this  fact  was  added  to  the  letter  in  War- 
ren's own  handwriting. 

The  struggle  had  been  a  long  and  intense  one,  and 
the  aging  senator  commented  to  Van  Devanter  that  it 
had  been  the  most  "acute"  struggle  of  his  career,  except 
for  one  concerning  getting  a  proper  man  appointed 
Quartermaster  General  of  the  Army.^"  Such  a  remark 
revealed  the  tremendous  political  influence  which  War- 
ren possessed  and  had  used.^' 

The  newspaper  clippings  which  are  available  recog- 
nized this  fact  only  at  a  superficial  level.  The  Sheridan 
Enterprise  reported  under  the  headline,  "A  Strong 
Trio,  "  on  December  15,  1910: 

Every  citizen  of  the  state  should  keep  in  mind  the  im- 
portant part  our  delegation  in  congress  has  played  in  urg- 
ing the  appointment  of  Judge  Van  Devanter  to  the  high 


10 


position  he  will  soon  assume.  Senators  Clark  and  Warren, 
and  Congressman  Mondell  have  been  tireless  in  their  efforts 
to  bring  about  the  appointment  of  a  Wyoming  man  for  the 
place,  and  the  influence  has  had  much  to  do  with  the  hap- 
py result.  The  Wyoming  senators  and  representative  were 
ever  watchful  for  the  interests  of  their  constituents.  With- 
out their  undivided  effort  Wyoming  would  not  hold  the 
high  place  it  does  in  the  councils  of  the  Nation.  .  .  . 
But  the  original  bid  and  the  final  success  of  securing 
a  Supreme  Court  appointment  for  a  man  from  Wyo- 
ming had  been  much  more  than  a  newspaper  article's 
mere  recognition  that  the  Wyoming  Congressmen  had 
worked  hard  for  the  Van  Devanter  appointment.  It  was 
the  story  of  human  beings  interacting  with  and  influenc- 
ing other  human  beings  and  was  all  the  more  intriguing 
because  of  the  powerful  political  circles  in  which  it  had 
occurred. 

Reconstructing  the  inside  story  surrounding  the  ap- 
pointment of  Willis  Van  Devanter  to  the  United  States 
Supreme  Court,  largely  through  the  analysis  of  primary 
sources,  reveals  that  history  is  much  more  than  names 
and  dates.  Destiny  is  not  in  the  stars,  but  instead  rests 
with  individuals  who  use  their  power  and  influence  to 
create  the  history  of  their  time. 


Gustavus  Myers,  History  of  the  Supreme  Court  of  the  United 
States  (Chicago,  1911-12),  pp.  772-73. 

T.  A.  Larson,  History  of  Wyoming  (Lincoln,  University  of 
Nebraska,  1965).  p.  316, 

Other  Wyomingites  who  have  received  high  political  appoint- 
ments include  Thurman  Arnold,  who  served  from  1938-1943  as 
Assistant  Attorney  General;  Stanley  Hathaway,  who  was  briefly 
Secretary  of  the  Interior  duringjuly  1975;  Richard  Cheney,  who 
served  President  Gerald  Ford  as  Chief  of  Staff  in  1976  and  early 
1977;  and  the  present  Secretary  of  Interior  James  Watt.  How- 
ever, considering  the  constitutional  authority  for  such  an  ap- 
pointment and  the  lifetime  tenure  of  Supreme  Court  Justices, 
the  Van  Devanter  appointment  can  justifiably  be  considered 
"the  highest  and  most  prestigious." 

The  Warren  letterbooks  are  the  primary  source  for  any  analysis 
of  Francis  E.  Warren's  long  career  since  they  contain  all  of  his 
public  and  private  correspondence.  To  make  a  more  readable 
text,  most  footnote  citations  from  the  letterbooks  and  scrap- 


books  have  been  eliminated.  There  are  few  newspaper  or 
magazine  clippings  concerning  Van  Devanter  in  the  Warren 
Collection.  Those  included  in  this  study  are  from  scrapbook  No. 
3.  The  letters  and  telegrams  are  noted  by  date  only  and  are  all 
from  the  letterbooks,  Volumes  50-56  inclusive.  This  provides  the 
best  method  of  documentation  since  it  all  comes  from  such  a 
specific  primary  source. 

5.  Larson,  p.  316,  first  utilizes  the  term  "Warren  Machine." 

6.  The  biographical  material  is  from  I.  S.  Bartlett,  History  of  Wyo- 
ming, II  (Chicago,  1918),  pp.  26-29:  Larson,  chapters  612: 
Myers,  pp.  767-72:  Drew  Pearson  and  Robert  S.  Allen,  The 
Nine  Old  Men  (New  York,  1936),  pp.  186-97. 

7.  Francis  E.  Warren's  state  and  national  influence  was 
remarkable  during  nearly  half  a  century  of  holding  political  of- 
fices. A  highly  successful  businessman  and  rancher,  he  was  both 
Mayor  of  Cheyenne  and  Territorial  Treasurer  in  1884.  He  was 
Governor  of  the  Territory  of  Wyoming,  1885-86  and  1889,  and 
the  first  Governor  of  the  State  of  Wyoming  in  1890.  He  resigned 
in  less  than  two  months  to  be  named  the  second  United  States 
Senator  from  the  state,  1891-93.  Wyoming  had  only  one  Senator 
(Joseph  M.  Carey)  from  1893-95.  Warren  was  re-elected  to  the 
Senate  in  1895  and  served  continuously  as  a  U.  S.  Senator  from 
Wyoming  until  his  death  in  1929.  During  his  Senate  career  he 
held  many  important  committee  assignments  including  chair- 
manship of  both  the  Senate  Military  Affairs  Committee  and  the 
Senate  Appropriations  Committee.  He  served  in  the  Senate 
longer  than  any  other  individual  except  Senator  Carl  Hayden 
who  served  Arizona  from  1926-70. 

8.  February  3,  1909. 

9.  Inaugurals  were  held  in  March  until  1937. 

10.  March  1,  1909. 

1 1 .  Henry  F.  Pringle,  The  Life  and  Times  of  William  Howard  Taft: 
A  Biography,  II  (New  York,  1939),  pp.  530-31. 

12.  July  17,  1910. 

13.  December  7,  1910. 

14.  December  13,  1910. 

15.  December  4,  1910. 

16.  Warren  to  Van  Devanter,  December  7,  1910. 

17.  December  9,  1910. 

18.  December  12,  1910. 

19.  December  12,  1910. 

20.  December  12,  1910. 

21 .  An  often  cited  instance  of  Warren's  power  and  influence  on  the 
national  level  was  the  promotion  of  his  son-in-law.  Captain  John 
J.  Pershing,  to  brigadier  general  ahead  of  862  officers  who  out- 
ranked him.  Warren  was  then  Chairman  of  the  Senate  Military 
Affairs  Committee.  (See  Larson,  p.  327.) 


11 


and 


the  Great  Depression 


K 


12 


"For  some  it  was  an  attempt  to  acquire  a  bigger  piece  of  the 
economic  pie,  but  for  most  of  the  farmers  it  was  a  matter  of 
economic  survival.  " 


During  the  1920s  and  1930s  Wyoming  agriculture 
suffered  its  greatest  losses  and  hardships  since  the  devas- 
tating blizzards  of  the  winter  of  1886-1887  had  nearly 
wiped  out  the  livestock  industry.  While  this  harsh  set- 
back to  the  state  was  triggered  by  nature  — the  industry 
had  contributed  by  overgrazing  the  open  ranges  — the 
tragedy  for  Wyoming  settlers  and  farmers  that  occurred 
in  the  third  and  fourth  decades  of  this  century  was  near- 
ly entirely  man-made. 

Throughout  the  state,  but  particularly  in  the  Big 
Horn  Basin,  during  those  two  decades,  good,  irrigated 
farm  land  was  simply  being  vacated  by  bankrupt  farm- 
ers who  could  not  pay  the  taxes  and  assessments  against 
the  land.  The  exorbitant  liens  against  the  land  had 
come  from  the  landowners'  optimistic  judgments  and 
decisions,  and  were  so  excessive  for  those  years  of  ex- 
tremely low  farm  income  and  severe  national  depression 
that  the  vacated  lands  could  not  even  be  sold  for  taxes. 

Not  only  did  this  disaster  ruin  individual  families 
and  bring  drastic  hardship  on  farm  communities,  but  it 
also  threatened  the  state's  national  credit  standing  and 
imperiled  its  permanent  school  land  fund.  To  under- 
stand how  this  tragic  situation  came  about  and  how  the 
state  and  its  people  fought  back,  it  is  necessary  to  review 
the  history  of  irrigation  in  Wyoming. 

Irrigation  began  in  the  arid  region  that  was  to  be- 
come Wyoming  Territory  as  early  as  1850.  A  few  weary 
immigrants  became  discouraged  with  the  long  overland 
journey  to  California  and  Oregon  and  established  small 
farms  and  ranches  in  the  fertile  river  valleys  near  the  im- 
migrant trails.  The  first  water  priority  for  irrigation,  on 


the  Bear  River  in  what  was  then  Utah  Territory,  was  re- 
corded May  1,  1862.'  This  was  seven  years  before  the 
creation  of  Wyoming  Territory  by  Congress. 

During  the  first  19  years  of  the  existence  of  Wyo- 
ming Territory,  irrigation,  mainly  related  to  the  ex- 
panding livestock  industry,  increased  dramatically. 
Many  streams  and  creeks  soon  had  more  water  users 
than  water,  and  there  was  no  system  of  appropriation. 
The  upstream  irrigator  took  all  the  water  he  could  use, 
regardless  of  the  needs  of  downstream  users.  The  ter- 
ritorial legislature  had  recognized  this  in  1876,  when  it 
had  required  water  claimants  to  file  with  the  clerks  of 
the  district  courts  and  had  given  district  judges  the 
power  to  adjudicate  water  rights.^ 

One  impetus  for  bringing  organization  to  this 
chaotic  situation,  and  also  for  intensive  agricultural  ir- 
rigation, arrived  in  Wyoming  in  1888  with  the  appoint- 
ment of  Elwood  Mead  as  the  first  territorial  engineer, 
and  later  the  first  Wyoming  State  Engineer.^  Mead,  an 
Indiana  farm  boy  and  graduate  of  Purdue  University, 
had  come  west  to  teach  engineering  at  what  is  now  Col- 
orado State  University.''  During  his  tenure  there,  he  had 
served  as  Deputy  State  Engineer  in  Colorado,  and  also 
contracted  frequently  as  a  consulting  engineer  for  irriga- 
tion projects  in  that  state.  Mead  was  eminently  qualified 
for  appointment  in  Wyoming. 

During  his  years  as  a  student,  and  later  as  a  pro- 
fessor and  as  an  engineer  supervising  irrigation  and  con- 
structing irrigation  projects  in  Colorado,  Mead  had  de- 
veloped a  passion  for  reclaiming  the  arid  lands  of  the 
west.  Shortly  after  his  arrival  in  Wyoming,  he  toured  the 


By  Jim  Donahue 


13 


entire  territory,  mainly  by  horseback  and  wagon.  Rather 
than  the  hundreds  and  hundreds  of  miles  of  thirsty,  dry 
land,  covered  only  with  sagebrush  and  clumps  of  buffalo 
grass,  with  the  vision  of  genius  Mead  saw  thousands  and 
thousands  of  prosperous  farms  with  row  upon  row  of 
thriving  irrigated  crops,  watered  by  the  snow-fed 
streams  rushing  from  the  mountains.^ 

With  energy  as  boundless  as  his  passion  for  irriga- 
tion. Mead  commenced  to  bring  his  vision  to  reality  in 
Wyoming.  Quickly  recognizing  the  chaotic  situation 
that  existed  with  water  rights,  he  soon  had  all  claimants 
to  water  filing  statements  of  claim.  The  statements  de- 
scribed the  source  of  water  used  for  irrigation,  the  num- 
ber of  acres  irrigated,  the  length  and  capacity  of  ditches 
used  for  irrigation,  and  the  location  of  the  ditches  and 
the  lands  irrigated.' 

But  it  was  the  Wyoming  Constitutional  Convention, 
and  the  subsequent  adoption  of  the  Wyoming  Constitu- 
tion, that  gave  Elwood  Mead  the  opportunity  to  make 
his  major  contribution  to  the  state.  He  devised  a  plan  for 
giving  complete  control  of  water  in  Wyoming  to  the 
state,  for  adjudicating  water  rights,  and  a  system  for  re- 
cording approved  water  appropriations  that  has  en- 
dured, for  the  most  part,  for  91  years.' 

Working  closely  with  a  Laramie  County  farmer, 
J.  A.  Johnston,  who  served  as  chairman  of  the  Constitu- 
tional Convention  Committee  for  Irrigation  and  Water 
Rights,  and  with  committee  member  Charles  A.  Burritt, 
an  articulate  Buffalo  attorney,  Mead  was  able  to  per- 
suade the  committee  to  approve  his  ideas  for  controlling 
water  and  irrigation  in  the  future  state.*  The  committee 
then  convinced  the  full  convention  to  adopt  the  five 
brief  sections  in  the  Wyoming  Constitution  pertaining  to 
water  and  irrigation,  which  had  evolved  from  Mead's 
ideas.  Two  of  the  five  sections  contained  ideas  that  were 
unique  to  water  control  and  irrigation  among  the  states, 
and  a  third  section  adopted  a  water  concept,  original  in 
the  west,  and  pioneered  by  California  and  Colorado. 

Section  One  of  Article  VIII  declared  all  water, 
rivers,  streams,  springs,  and  lakes  to  be  the  property  of 
the  state.  Section  Two  created  a  board  of  control,  com- 
posed of  the  State  Engineer  and  the  superintendents  of 
the  four  water  divisions,  empowered  to  supervise  the 
waters  and  their  appropriation,  distribution,  and  diver- 
sion.'" The  adjudication  of  water  rights,  except  on  ap- 
peal, was  neatly  taken  out  of  a  court  system  that  was 
badly  bogged  down  with  water  disputes  and  whose  in- 
consistency in  awarding  water  appropriations  had  dras- 
tically over-appropriated  many  streams.  The  Third  Sec- 
tion of  Article  VIII  of  the  new  Wyoming  Constitution 
adopted  the  principle,  "priority  of  appropriation  for 
beneficial  use  shall  give  the  better  right""  that  is  the 
standard  for  water  management  in  the  arid  west. 

With  the  pattern  for  Wyoming  water  management 
clearly  established  by  the  adoption  of  the  State  Constitu- 
tion,  Elwood  Mead  set  out  to  turn  the  dry  sagebrush 

14 


basins  and  prairies  into  productive,  family  farms.  A  de- 
voted follower  of  Major  John  Wesley  Powell,  in  1887 
Mead  was  quoting  Powell,  "  'The  right  to  use  water 
should  inhere  in  the  land  to  be  irrigated,  and  water 
rights  should  go  with  land  titles.'  "'^ 

Two  years  later  before  the  United  States  Senate 
Committee  on  Irrigation,  he  was  saying: 

It  is  useless  to  make  any  investigation  or  examination  as  to 
proper  location  of  irrigation  works  while  no  control  can  be 
exercised  over  the  settlement  of  land.  The  most  satisfactory 
remedy  for  this  state  of  affairs,  and  in  my  judgment  the 
only  efficient  one,  is  for  Congress  to  grant  each  state,  all  the 
irrigable  land  within  its  borders  held  by  the  general  govern- 
ment, such  state  to  be  charged  with  the  supervision  of  their 
reclamation  and  with  their  disposal  to  actual  settlers.'^ 
It  would  be  five  years  before  Mead  would  see  this 
idea,  not  originally  his,  enacted  by  Congress. 

Primarily  from  the  urging  of  Major  Powell,  the 
federal  government  had  first  attempted  to  foster  irriga- 
tion in  the  arid  west  with  the  passage  of  the  Desert  Land 
Act  in  1877.  This  law  permitted  an  individual  to  buy 
640  acres  of  land  at  25  cents  per  acre,  provided  that 
within  three  years  he  brought  water  to  the  land  for  irri- 
gation and  paid  the  government  an  additional  one 
dollar  per  acre.'"  Because  of  the  unavailability  of  easily 
accessible  water  — most  of  the  small  streams  and  creeks 
were  over-appropriated  — and  the  cost  for  diversion  of 
the  larger  streams  and  rivers  was  beyond  the  means  of 
most  settlers,  the  Desert  Land  Act  was  generally  unsuc- 
cessful.'^ 

Congress  recognized  this  in  1891  and  it  modified  the 
law,  permitting  two  or  more  persons  to  construct  irriga- 
tion canals  and  ditches  for  reclaiming  the  land.  Though 
this  modification  of  the  Desert  Land  Act  encouraged 
some  irrigation  project  construction  in  Wyoming,  it  did 
not  bring  under  irrigation  anywhere  near  the  amount  of 
acres  Mead  considered  irrigable.  Nor  did  it  encourage 
the  migration  of  farm  families  to  Wyoming  that  the 
state's  senior  political  leaders  wanted. 

Almost  from  their  first  day  in  the  United  States  Sen- 
ate, Wyoming's  first  representatives  in  that  body,  Fran- 
cis E.  Warren  and  Joseph  M.  Carey,  began  to  propose, 
speak  and  work  for  the  proposition  Mead  had  suggested 
in  his  first  annual  report  —  Congress  granting  to  the  arid 
states  all  the  irrigable  land  within  their  borders.  Warren 
and  Carey  continued  the  crusade  for  more  than  three 
years.  The  two  senators  corresponded  regularly  with 
Mead,  conferred  with  him  when  possible,  enlisted  other 
western  senators  in  their  cause  and  gained  the  support  of 
Major  Powell  and  other  irrigation  experts.  Success  came 
on  August  18,  1894,  with  the  approval  of  the  Carey 
Land  Act.'* 

The  act  did  not  comprehensively  cede  all  irrigable 
land  within  the  arid  states  to  the  state  as  Mead,  Warren, 
and  Carey  advocated,  but  it  did 

donate,  grant  and  patent  to  the  state  free  of  cost  for  survey 
or  price  such  desert  lands,  not  exceeding  one  million  acres 


in  each  state,  as  the  state  may  cause  to  be  irrigated,  re- 
claimed, occupied,  and  not  less  than  20  acres  of  each  160 
acre  track  cultivated  by  actual  settlers  within  ten  years  as 
after  the  passage  of  the  Act." 

Two  years  later  on  June  11,  1896,  Congress  extend- 
ed the  Carey  Act,  providing  that  a  patent  could  be 
issued  for  any  tract  of  land  when  a  sufficient  supply  of 
water  for  irrigation  was  actually  brought  to  the  land." 
Historians  have  generally  discounted  the  Carey  Act. 
Only  a  small  percentage  of  the  land  eligible  for  segrega- 
tion under  the  act  was  patented  and  the  great  majority 
of  Carey  irrigation  projects  initiated  failed  to  bring  set- 
tlers and  water  to  the  land.  Though  by  1902,  in  Wyo- 
ming 45,700  acres  had  been  applied  for  under  the  act, 
only  11,321  acres  were  patented  by  the  federal  govern- 
ment.'^  A  total  of  67  Carey  Act  projects  were  approved 
by  the  state, ^''  but  the  great  majority  of  the  projects  were 


ikatM&fliA 


"Irrigated,  row  crop  agriculture  was  a  substantial  eco- 
nomic factor  in  the  Big  Horn  Basin.  " 


not  concluded  because  construction  costs  exceeded 
available  funding  and  bankrupted  the  promoters,  or  the 
project  was  merely  speculative  from  the  beginning,  and 
when  sufficient  capital  could  not  be  raised,  the  project 
was  abandoned.  Even  the  two  most  notable  Carey  Act 
corporations,  the  Big  Horn  Basin  Development  Com- 
pany and  the  Wyoming  Development  Company,  though 
successful  in  bringing  water  and  settlers  to  the  land, 
were  fiscal  failures  for  their  investors. 

The  Carey  Act  did,  however,  stimulate  irrigation 
and  settlement  in  Wyoming.  Two  Big  Horn  Basin  agri- 
cultural communities,  Lovell  and  Worland,  that  suf- 
fered severely  because  of  drainage  district  insolvency  in 
the  1920s  and  1930s  were  founded  as  a  result  of  Carey 
Act  projects.^'  Many  small  irrigation  projects  succeeded 
in  bringing  water  and  farmers  to  the  land,  but  this  scale 
of  development  and  settlement  was  far  from  satisfactory 
to  the  promoters  of  irrigation  and  to  the  land  specula- 
tors. 

With  the  active  support  of  Senator  Francis  E.  War- 
ren and  Congressman  Frank  W.  Mondell  from  Wyo- 
ming, Congress  passed  the  Newlands  Acts  or  the  Recla- 
mation Act  in  1902.  This  law  authorized  the  U.  S. 
Geological  Survey  to  construct  irrigation  and  reclama- 
tion projects  in  western  states  with  funds  raised  from  the 
sale  of  public  lands. ^^  During  the  following  50  years, 
Wyoming  agriculture  would  benefit  greatly  from  this 
enactment  and  the  amendments  to  it. 

The  first  reclamation  project  in  Wyoming  was  the 
Shoshone  project,  authorized  in  1904.^'  Taking  water 
from  the  Shoshone  River,  this  federal  project  was 
planned  to  eventually  reclaim  200,000  acres  of  arid 
land.  It  was  first  envisioned  as  a  Carey  Act  project 
by  Buffalo  Bill  Cody,  but  he  had  been  unable  to  raise 
the  needed  funds.  Though  the  scale  has  never  been 
achieved,  when  the  first  phase  of  the  Shoshone  project 
was  completed  in  1910,  15,000  acres  came  under  irri- 
gation.^" By  that  year,  irrigated,  row-crop  agriculture 
was  a  substantial  economic  factor  in  the  Big  Horn  Basin. 

The  towns  of  Cody,  Powell,  Garland,  Deaver,  Cow- 
ley, Byron,  Lovell,  Emblem,  Burlington,  Otto,  Basin, 
Worland,  and  GreybuU  were  all  inevitably  linked  to  ir- 
rigation for  their  prosperity  and  future  growth.  This 
future  looked  bright  with  more  and  more  acres  of  dry 
land  being  brought  under  water  and  new  settlers  acquir- 
ing rights  to  these  acres  every  day.  There  was  talk  of 
flour  mills,  alfalfa  mills,  and  sugar  factories,  but  an 
ominous  sign  was  appearing.  The  land  was  beginning  to 
bog." 

For  a  number  of  years  agricultural  experts,  partic- 
ularly those  employed  by  the  federal  government  for  the 
Shoshone  project,  had  urged  farmers  in  the  basin  to  use 
less  water  for  their  crops.  The  great  majority  of  the 
farmers  paid  little  heed  to  these  warnings,  apparently 
believing  that  the  more  water  applied,  the  greater  the 


15 


crop  yield.  They  were  soon  to  pay  the  price  for  this 
theory.  ^^ 

Within  a  few  years  productivity  was  decreasing  in 
the  Big  Horn  Basin.  The  water  table  had  risen  to  a 
dangerous  level.  Alkali  was  showing  in  what  had  been 
fertile  fields.  Horses  and  plows  became  mired  when  at- 
tempts were  made  to  plow  the  fields,  and  some  crops 
had  to  be  harvested  by  hand  or  abandoned. 

Though  the  excessive  application  of  water  had  ac- 
celerated the  bogging,  the  heart  of  the  problem  was  with 
the  land  itself.  Much  of  the  top  soil  in  Wyoming,  but 
predominantly  in  the  Big  Horn  Basin,  is  underlaid  with 
heavy  clay,  marl,  and  silt,  blocking  passage  to  the  gravel 
below.  With  extensive  irrigation  and  the  excessive  ap- 
plication of  water,  the  clay  and  marl  had  swollen  and 
packed,  preventing  natural  drainage  through  the  grav- 
el. It  was  this  phenomenon  that  was  causing  the  land  to 
bog  and  "sour".^' 

The  first  official  recognition  of  this  prelude  to 
tragedy  came  in  1911,  when  the  11th  Wyoming  State 
Legislature  passed  "An  Act  Providing  for  the  Formation 
and  Organization  of  Drainage  Districts."^*  This  act,  in- 
troduced by  the  President  of  the  Senate,  Jacob  M. 
Schwoob,  a  Republican  representing  Big  Horn  and  Park 
counties,^'  permitted  a  majority  of  adult  land  owners, 
representing  one-third  in  area  of  a  land  district,  or  adult 
owners  of  more  than  one-half  of  the  acreage  in  the  land 
district,  to  petition  the  district  court  for  the  formation  of 
a  drainage  district.^" 

The  law  required  the  petition  to  set  forth  the  pro- 
posed name  of  the  drainage  district,  a  statement  of  the 
need  for  the  proposed  drainage  work,  a  general  descrip- 
tion of  the  planned  drainage  system,  a  legal  description 
of  the  lands  to  be  included  in  the  drainage  district,  the 
names  of  all  the  land  owners  in  the  district,  and  to  "pray 
for  the  organization  of  a  drainage  district  by  the  name 
and  with  the  boundaries  proposed,  and  for  the  appoint- 
ment of  commissioners  for  the  execution  of  such  pro- 
posed work."^'  Generally,  the  entire  supervision  of 
drainage  districts,  creation,  appointment,  and  super- 
vision of  commissioners,  changing  of  boundaries,  assess- 
ing damages  and  benefits,  approval  of  assessment  and 
borrowing  of  money,  and  the  refunding  of  indebtedness, 
was  placed  in  the  hands  of  the  district  court.  It  would 
become  an  agonizing  responsibility  for  some  district 
court  judges. 

Particularly,  the  supervision  of  drainage  districts 
would  become  a  heavy  burden  for  young  Percy  W. 
Metz.'^  Practicing  law  in  Basin  when  the  Drainage  Dis- 
trict Act  was  passed,  it  is  doubtful  that  Metz  had  much, 
if  any,  awareness  of  the  problems  brewing  with  drainage 
of  farm  land,  and  in  his  wildest  dreams  could  not  visual- 
ize the  vital  role  he  would  play.  On  his  30th  birthday, 
March  4,  1 91 3,  Percy  Metz  was  sworn  in  as  district  court 
judge  for  the  Fifth  Judicial  District,  comprising  Park, 
Big  Horn,  Washakie,  and  Hot  Springs  counties.  He  was 

16 


the  youngest  person  to  hold  this  office  and  he  served  for 
37  years  and  nine  months. ^^  For  more  than  30  of  these 
years,  he  was  enmeshed  in  the  problems  of  drainage  dis- 
tricts. 

Though  the  farmers  and  land  owners  in  an  area  im- 
mediately adjacent  to  the  town  of  Lovell  petitioned  for 
and  were  organized  into  the  Lovell  Drainage  District  in 
1912,  there  was  not  a  rush  to  create  drainage  districts 
following  the  passage  of  the  Drainage  District  Act.'* 
However,  the  political  conditions  were  fomenting  in 
Europe  in  1912  and  1913  that  would  bring  on  World 
War  I  and  foster  the  economic  factors  which  would 
make  it  necessary,  or  at  least  desirable,  for  farmers 
throughout  the  United  States  to  increase  agricultural 
production.  For  farmers  in  the  Big  Horn  Basin  to  ac- 
complish this,  it  would  require  the  reclaiming  of  land 
that  had  bogged  and  "soured". 

During  the  years  between  1910  and  1916  when  a 
field  bogged,  it  was  abandoned  and  the  farmer  who 
owned  it  — few  farmers  at  this  period  in  time  had  all  of 
their  acreage  under  cultivation— simply  transferred  his 
efforts  to  land  that  had  not  been  previously  cultivated. 
By  1916,  however,  the  squeeze  was  on.  The  war  in 
Europe  had  brought  prosperity  to  the  United  States  and 
inflationary  conditions  were  at  work.  Prices  for  agricul- 
tural products  had  soared,  but  along  with  this  benefit, 


"On   his   30th   birthday,    Percy  Metz   was  sworn  in  as 
district  court  judge.  " 


the  cost  for  services  which  the  farmer  had  to  purchase 
had  also  risen  dramatically. 

Moreover,  in  the  Big  Horn  Basin  a  new  cash  crop 
had  appeared  on  the  scene.  In  1916  the  Great  Western 
Sugar  Company  constructed  a  sugar  beet  refinery  in 
Lovell  and  a  year  later  the  Holly  Sugar  Company  built 
one  in  Worland.^'*  Although  the  blessing  of  an  assured 
cash  crop  to  the  farmers  was  considerable,  the  introduc- 
tion of  this  new  product  placed  considerable  pressure 
upon  the  individual  farmer  to  increase  his  acreage  under 
cultivation.  Too,  the  growing  of  sugar  beets  demanded  a 
generous  application  of  water  to  a  land  where  the  water 
table  was  already  critically  high. 

The  result  was  predictable.  Throughout  the  Big 
Horn  Basin,  farmers  and  land  owners  stampeded  to 
organize  themselves  into  drainage  districts  to  construct 
drainage  systems.  For  some  it  was  an  attempt  to  acquire 
a  bigger  piece  of  the  economic  pie,  but  for  most  of  the 
farmers  it  was  a  matter  of  economic  survival.  Between 
1917  and  1919,  11  drainage  districts  were  formed  in 
Judge  Percy  Metz's  Fifth  Judicial  District.  Drainage  dis 
tricts  were  also  organized  in  Fremont  and  Goshen  coun- 
ties during  these  years. '^ 

Two  of  the  drainage  districts  formed  at  this  time 
were  at  Lovell  and  Worland.  The  petition  to  organize 
the  Lovell  Bench  Drainage  District  was  filed  in  the  Big 
Horn  County  District  Court  on  October  30,  1916.  The 
petition  included  3,601.96  acres  in  the  proposed  district, 
and  stated  that  "cultivated  land  was  water-logged  and 
covered  with  mineral  salts  and  in  an  alkalied  condi- 
tion."'' Further,  the  engineering  report  for  the  proposed 
district  concluded  that  this  condition  resulted  from 
"layers  or  strata  of  clay  or  marl,  which  are  impervious  to 
water.  "^' 

A  hearing  was  held  on  the  petition  on  March  14, 
1917.  Attorney  L.  A.  Bowman  of  Lovell  represented  the 
petitioners.  The  Lovell  Bench  Drainage  District  was  or- 
ganized with  Judge  Metz  appointing  H.  S.  Jolley,  B.  L. 
Leithead,  and  H.J.  Arnoldus  commissioners  for  the  dis- 
trict. Fifty-five  land  owners  were  included  in  the  drain- 
age district,  the  State  of  Wyoming  and  the  Lovell  Irriga- 
tion District  among  them,  and  the  drainage  district  pro- 
posed to  construct  7.013  miles  of  drains  at  an  estimated 
cost  of  $75,550.^^ 

Organized  October  23,  1918,  the  Worland  Drainage 
District,  containing  6,803.10  acres,  was  one  of  the 
largest  drainage  districts  formed.  It  was  unique  in  that  a 
good  portion  of  the  town  of  Worland,  lot  by  lot,  was  in- 
cluded in  the  district.  Cotner,  Cotner  and  Kennedy,  an 
engineering  firm  that  did  the  surveying  and  planning  for 
a  number  of  drainage  districts  in  the  Big  Horn  Basin, 
proposed  a  drainage  system  for  the  Worland  District 
with  15.8  miles  of  drainage  ditches  at  an  estimated  6ost 
of  $178,472.65.''°  The  engineers  for  practically  all  of  the 
drainage  districts  for  which  they  worked  sadly  underesti- 
mated the  depth  of  the  drainage  ditches,   proposing 


ditches  five  feet  deep  and  recognizing  during  construc- 
tion that  the  ditches  had  to  be  deeper,  averaging  eight 
feet  throughout  the  Big  Horn  Basin.  Too,  the  engineers 
planned  gravel  bottom  ditches  and  later  learned,  to 
their  sorrow,  that  a  large  percentage  of  the  drainage 
ditches  required  tile  if  seepage  was  to  be  prevented."" 

Both  the  Lovell  Bench  and  the  Worland  Drainage 
Districts  sold  bonds  for  the  amounts  estimated  for  con- 
struction, plus  15  percent  for  contingencies  and  main- 
tenance, at  six  percent  interest  to  midwestern  and  east- 
ern investment  companies.  Between  1917  and  1920, 
Wyoming  Drainage  Districts  sold  more  than  four  million 
dollars  in  bonds  to  construct  the  district  court  approved 
drainage  systems.  Nearly  all  of  the  bond  issues  carried 
an  interest  rate  of  six  percent  per  annum  and  were 
scheduled  for  repayment  in  10  to  15  years.  Several  of  the 
drainage  districts,  including  Worland,  because  actual 
construction  costs  (depth  of  ditches  and  tile)  exceeded 
construction  estimates,  found  it  necessary  to  issue  a  sec- 
ond series  of  bonds  to  complete  the  planned  drainage 
systems.  The  Worland  Drainage  District  sold  $66,667  in 
bonds  early  in  1922,  to  finish  construction  of  its  drain- 
age system.  Moreover,  consistently,  the  drainage  dis- 
tricts had  underestimated  maintenance  costs  and  were 
faced  with  increased  assessments  upon  the  landowners  to 
maintain  the  drainage  ditches.''^ 

All  of  this  increasing  financial  burden  was  being 
placed  upon  the  farmers  and  landowners  in  the  face  of 
worsening  economic  conditions.  With  the  end  of  World 
War  I,  agricultural  prices  had  begun  to  sag  and  by  1920 
were  dropping  drastically.  Wyoming  farmers,  like  their 
counterparts  throughout  the  nation,  were  beginning  to 
feel  the  pinch.  By  1923  agriculture,  in  general,  was  en- 
tering a  depression  that  would  be  the  forerunner  of  the 
great  national  depression  of  a  decade  later,  and  as  a 
consequence,  Wyoming  drainage  districts  were  begin- 
ning to  default  on  repayment  of  bonds  issued  for  drain- 
age system  construction. 

During  the  first  three  or  four  years  of  the  decade 
most  of  the  drainage  districts  were  able  to  meet  interest 
payments  on  their  outstanding  bonds,  but  not  the  prin- 
cipal payments.  By  the  mid- 1920s  many  of  the  drainage 
districts  were  in  arrears  in  both  interest  and  principal. 

Though  the  amount  seems  insignificant  in  today's 
climate  of  plentiful  money  supply  and  extreme  inflation, 
the  Lovell  Bench  Drainage  District  was  obligated  to 
repay  approximately  $12,000  annually  in  principal  and 
interest."  This  amounted  to  a  Httle  more  than  $100  for 
the  average  landowner  included  in  the  drainage  dis- 
trict.'*'' In  addition  to  this  cost,  the  landowner  was  faced 
with  an  assessment  for  maintenance  of  the  drainage  sys- 
tem, assessment  from  the  irrigation  district  in  which  he 
was  included,  and  all  of  the  normal  property  taxes.  If  an 
individual  farmer  had  a  mortgage  to  repay,  which  was 
not  uncommon,  he  was  in  dire  straights,  indeed.  The 
average  landowner  in  the  Lovell  Bench  Drainage  Dis- 

17 


trict  had  an  annual  assessment  and  tax  bill  during  the 
early  1920s  of  nearly  $400,  this  in  a  period  when  average 
farm  income  for  a  year  had  slipped  to  $1,500/^  For 
farmers  included  in  drainage  districts  like  the  Worland 
Drainage  District  that  had  a  much  greater  bonded  in- 
debtedness than  the  Lovell  Bench  District,  the  situation 
was  nearly  impossible. 

The  17th  State  Legislature  in  1923,  both  during  the 
regular  session  and  a  special  session  held  in  July,  recog- 
nized the  severity  of  the  problem.  With  the  passage  of 
Chapter  10,  Session  Laws  of  Wyoming,  1923,  the  Drain- 
age District  Act  was  reenacted  and  amended.  The  main 
features  of  the  new  statute  required  drainage  district 
commissioners  to  be  more  realistic  and  thorough  in  esti- 
mating proposed  construction  costs.  It  also  facilitated 
the  collection  of  delinquent  assessments,  required 
stricter  adherence  to  authorized  budgets,  broadened  the 
authority  of  the  district  courts  to  permit  drainage  dis- 
tricts to  refund  all  types  of  indebtedness  and  permitted 
the  use  of  state  monies  for  the  purchase  of  refunding 
bonds. "^ 

During  the  special  session,  the  legislature  enacted 
the  Farm  Loan  Act.  This  law  allowed  the  Wyoming 
Farm  Loan  Board  to  "loan  money  on  and  take  as  securi- 
ty for  same,  farm  lands  subject  to  liens,  charges  or  as- 
sessments for  drainage,  reclamation  or  irrigation  pur- 
poses.'"" The  loans  were  limited  to  $20,000,  and  the 
Board  was  authorized  to  use  up  to  $2,500,000  from  the 
Common  School  Permanent  Land  Fund.''*  These  enact- 
ments initiated  the  state's  fiscal  involvement  with  the 
drainage  districts. 

Within  a  month  of  the  passage  of  Chapter  10,  At- 
torney L.  A.  BovkTTian  of  Lovell,  who  was  counsel  for  the 
Lovell  Bench  Drainage  District  and  several  other  Big 
Horn  Basin  drainage  districts,  was  urging  State  Treas- 
urer John  M.  Snyder  not  to  bid  on  Natrona  County 
school  bonds,  because  he  feared  that  state  monies  avail- 
able to  purchase  bonds  would  be  expended.''^  Treasurer 
Synder  reassured  him,  writing  that  the  state  had  "one 
and  one  half  million  dollars  in  the  permanent  funds 
available  for  the  purchases  of  securities,  and  the  fund  is 
growing  larger  each  month.'"'"  The  Treasurer  added 
that  he  was  certain  the  Fiscal  Board,  composed  of  the 
elected  state  officials  and  responsible  for  the  state's  per- 
manent funds,  would  look  favorably  upon  the  purchase 
of  drainage  refunding  bonds.''' 

Two  weeks  following  this  correspondence,  the  Fiscal 
Board  adopted  regulations  applying  to  the  purchase  of 
drainage  and  irrigation  district  refunding  bonds  some 
irrigation  districts  were  having  the  same  fiscal  problems 
as  the  drainage  districts.  As  required  by  the  new  law,  the 
Fiscal  Board  had  appointed  appraisers,  who  were 
charged  with  appraising  the  value  of  a  district  before  the 
Fiscal  Board  could  purchase  any  refunding  bonds  issued 
by  the  district.  During  the  next  three  years  the  apprais- 
ers would  be  very  busy.^^ 
18 


Eventually,  18  drainage  districts  made  application 
in  district  court  to  be  allowed  to  issue  refunding  bonds, 
to  pay  off  the  districts'  original  capital  indebtedness  and 
for  which  the  districts  were  unable  to  meet  interest  and 
principal  payments.  Fifteen  of  the  drainage  districts 
made  their  petition  to  Percy  Metz.  The  intent,  of 
course,  was  for  the  state  to  buy  the  refunding  bonds  — no 
private  investor  would  touch  them  —  and  to  use  the  pro- 
ceeds to  buy  back  the  original  bonds.  The  Fiscal  Board, 
after  Judge  Metz  and  the  other  district  court  judges  had 
given  their  consent,  did  as  planned  and  purchased  the 
refunding  bonds. ^^ 

Between  1923  and  1927,  using  the  state's  permanent 
funds,  the  Fiscal  Board  invested  more  than  two  million 
dollars  into  the  drainage  districts'  refunding  bonds. ^'' 
Not  only  did  this  benefit  drainage  districts,  but  also 
many  local  investors  and  banks,  who  had  purchased  the 
original  bonds  from  the  out-of-state  investment  firms 
and  were  holding  the  empty  sack,  got  their  money  back. 

The  landowners  in  the  drainage  districts  gained  in 
two  ways.  First,  while  the  principal  repayment  schedules 
had  been  for  10  or  15  years  for  the  original  bonds,  for 
the  refunding  bonds  the  repayment  schedule  was  for  20 
years,  reducing  the  annual  principal  payment.  Second, 
with  the  refunding  bonds,  the  interest  rate  was  five  per- 
cent, or  less,  compared  with  six  percent  for  the  original 
bonds.  Again  landowners  realized  a  substantial  sav- 
ings. ^^ 

So  it  appeared  in  1927,  that  with  the  cooperation 
and  assistance  of  the  legislature  and  the  state's  five 
highest  elected  officials,  the  fiscal  solvency  of  the  drain- 
age districts  had  been  saved.  But  it  was  not  to  be.  The 
national  economic  situation  deteriorated  rapidly  and 
with  the  collapse  of  the  stock  market  in  1929,  the  entire 
country  plunged  into  the  "great  depression."  During  the 
early  years  of  the  1920s,  farmers  were  selling  their  pro- 
ducts at  prices  that  yielded  little  profit.  Now  with  the 
onset  of  the  depression,  some  crops  could  not  be  sold  for 
any  price. 

For  the  drainage  districts,  the  obvious  was  occur- 
ring. Farmers  with  little,  if  any,  cash  income  could  not 
pay  their  assessment  for  the  indebtedness  of  the 
drainage  districts.  Statistics  for  1931  from  the  Farm 
Loan  Board  indicate  that  the  average  acre  of  land  in- 
cluded within  a  drainage  district  was  returning  less  than 
$15  in  cash  income  to  its  owner  while  the  assessments  for 
drainage  and  irrigation  averaged  more  than  $85  annual- 
ly for  this  same  acre  of  irrigated  farm  land.^®  With  this 
kind  of  economics,  it  is  apparent  that  the  drainage 
districts  were  in  default  on  interest  and  principal  due  on 
the  state's  refunding  bonds.  By  1933  throughout  the  Big 
Horn  Basin  productive,  irrigated  farm  land  was  being 
vacated  on  a  massive  scale.  Tax  sales  were  held,  but 
there  were  no  buyers  and  with  each  abandoned  farm, 
the  fiscal  plight  of  the  drainage  districts  became  more 


"The  dragline  and 
maintenance  crews  were 
busy  throughout  the  Big 
Horn  Basin  from  April 
through  October.  " 


desperate.  Complete  loss  of  the  state's  permanent  funds 
invested  in  the  drainage  districts  became  very  real/' 

Once  again  the  legislature  took  notice  of  the  drain- 
age districts  with  the  passage  of  Chapter  15  and  Chapter 
79,  Session  Laws  of  Wyoming,  1933/*  Chapter  15  dealt 
entirely  with  refunding  indebtedness,  permitting  drain- 
age district  commissioners,  with  the  approval  of  the  dis- 
trict court  judge, 

to  refund  any  lawful  indebtedness  of  the  district  now  exist- 
ing or  which  may  hereafter  be  incurred  by  taking  up  and 
cancelling  all  or  any  part  of  its  outstanding  notes  and 
bonds,  as  fast  as  they  become  due  or  before,  if  the  holders 
thereof  will  surrender  the  same  and  issue  in  lieu  thereof 
new  notes  or  bonds  of  such  district,  payable  in  such  time  as 
the  court  shall  deem  proper.*' 

Not  only  did  this  law  allow  the  district  to  refund  all 
existing  and  future  debt,  but  permitted  them  to  set  up  a 
fund  "necessary  to  provide  for  possible  future  defaults 
and  delinquencies  in  the  payment  of  assessments."^" 

Chapter  79,  entitled  "Liquidation  of  Delinquencies 
to  State  of  Drainage  and  Irrigation  Districts,"  autho- 
rized the  Wyoming  Farm  Loan  Board  to  file  a  certificate 
of  delinquency  in  the  district  court  having  jurisdiction. 
The  certificate  would  state  the  amount  of  delinquency, 
and  once  it  was  filed  the  judge  of  the  district  court  was 
required  to  suspend  the  drainage  district  commissioners 
and  to  appoint  a  special  commissioner  to  manage  the  af- 
fairs of  the  drainage  district.  The  special  commissioner 
served  at  the  pleasure  of  the  court  and  of  the  Farm  Loan 
Board  and  his  mission  was  to  save  the  state's  money.''' 
In  effect,  by  these  two  laws,  the  Farm  Loan  Board, 
the  name  having  been  changed  from  the  Fiscal  Board, 
was  given  a  blank  check  to  solve  the  money  problems  of 
the  drainage  districts.  However,  a  year  later,  little  had 
been  accomplished. 

Writing  to  Leonard  S.  Strahan,  an  attorney  repre- 
senting some  of  the  drainage  districts.  Governor  Leslie 


A.  Miller  explained  the  Farm  Loan  Board's  negotiations 
to  sell  the  drainage  district  bonds  to  the  Reconstruction 
Finance  Corporation,  a  federal  "New  Deal"  agency,  de- 
signed to  rescue  local  governments  with  money  woes. 
The  negotiations  had  ended  when,  following  appraisal 
of  the  drainage  districts,  the  R.  F.  C.  had  offered  to  pur- 
chase the  bonds  held  by  the  state  at  the  rate  of  seventeen 
and  one  half  cents  on  the  dollar. ^^  As  Governor  Miller 
said,  "It  was  perfectly  obvious  to  the  Board  that  it  could 
not  undertake  to  assume  such  a  loss  to  the  permanent 
funds.  "«^ 

Though  the  Wyoming  Farm  Loan  Board  was  not 
willing  to  liquidate  the  drainage  bonds  at  their  ap- 
praised value,  the  board  working  with  the  Association  of 
Drainage  and  Irrigations  Districts  of  Big  Horn  County, 
developed  a  plan.  This  plan,  based  upon  the  two  new 
laws,  had  four  distinct  features.  First,  there  would  be  a 
drastic  revision  downward  of  the  outstanding  drainage 
bonds  of  each  district  so  as  to  enable  each  district  to 
make  a  full  annual  payment.  Second,  the  plan  would  af- 
fix an  exact  liability  to  each  tract  of  land  within  a 
drainage  district.  Third,  the  amount  of  money  required 
to  be  paid  each  year  for  drainage  assessments  would  be 
determined  in  such  amounts  so  that  the  assessments 
could  be  paid  from  the  proceeds  of  crop  production. 
Fourth,  a  land  classification  system  would  be  developed 
for  each  district,  downgrading  lands  with  less  productive 
potential  and  eliminating  from  the  district  those  lands 
within  a  district  not  capable  of  production.^" 

On  April  7,  1934,  after  nearly  a  year  of  exploring 
the  various  options  for  dealing  with  the  drainage  dis- 
tricts' indebtedness,  the  board  resolved  to  petition  the 
District  Court  in  Big  Horn  County  for  "the  appointment 
of  a  Special  Commissioner  to  administer,  in  behalf  of 
said  Board,  the  affairs  of  the  North  Bench  Drainage  Dis- 
trict and  the  Cowley  Drainage  District,  both  of  which 


19 


districts  are  located  in  Big  Horn  County."®^  Further  the 
resolution  called  for  the  appointment  of  J.  R.  Ellis  as 
special  commissioner  for  these  two  drainage  districts  and 
stated  that  the  purpose  of  the  board  was  to  deal  with  the 
obligations  of  the  district  and  arrive  at  a  proper  and 
legal  method  of  levying  exact  amount  assessments 
against  each  individual  parcel  of  land  in  each  drainage 
district.*®  In  effect,  once  Judge  Metz  approved  the  peti- 
tion, the  Farm  Loan  Board  took  over  the  management 
of  the  two  drainage  districts,  with  Special  Commissioner 
Ellis  replacing  and  assuming  the  functions  of  the  three 
commissioners  for  each  district. 

This  was  to  be  the  method  of  solving  the  extreme 
problems  of  the  drainage  districts.  The  Farm  Loan 
Board  quickly  proceeded  to  initiate  this  plan  for  the 
management  of  the  drainage  districts  located  in  the  Big 
Horn  Basin.  The  Board  named  attorney  L.  A.  Bowman 
of  Lovell  as  special  commissioner  for  six  drainage  dis- 
tricts.®' He  was  an  excellent  choice.  Not  only  was  Bow- 
man acceptable  to  the  landowners  and  farmers,  who 
generally  opposed  the  state's  plan,  considering  it  inde- 
fensible meddling  with  local  problems,  but  Bowman  was 
knowledgeable  as  to  the  affairs  of  the  drainage  districts. 
He  had  served  as  legal  counsel  for  several  drainage  dis- 
tricts since  their  inception  and  had  worked  closely  with 
Judge  Metz,  the  legislature  and  the  Farm  Loan  Board  to 
find  just  solutions  for  the  problems.  Bowman  would 
serve  as  special  commissioner  for  nine  years  and  when 
his  resignation  was  accepted  in  1943,  the  fiscal  woes  of 
the  drainage  districts  would  be  nearly  over.®** 

Working  through  the  special  commissioners,  the 
State  Land  Office  and  the  State  Engineer,  the  Farm 
Loan  Board  soon  had  completed  appraisals  — realistic 
evaluations,  for  the  first  time  for  the  drainage  districts 
for  which  it  had  assumed  management.  The  appraisals 
done,  the  board  had  the  data  needed  to  develop  a  plan 
for  refunding  the  indebtedness  of  the  drainage  districts 
and  the  repayment  of  the  indebtedness.  Though  the 
plans  for  the  drainage  districts  would  vary  because  of  in- 
dividual conditions,  they  contained  three  conditions 
which  were  constant.  All  of  the  repayment  schedules 
would  be  for  a  very  long  period  of  time,  some  reaching 
well  into  the  next  century.  The  drainage  assessment  for 
each  individual  parcel  of  land  would  be  so  small  as  to 
virtually  assure  the  landowner's  ability  to  pay  and  a  per- 
manent fund  for  the  retirement  of  indebtedness  and  the 
maintenance  of  the  drainage  systems  was  established  for 
each  drainage  district.®* 

The  Farm  Loan  Board's  administration  of  the 
drainage  districts  had  one  other  important  aspect. 
Those  tracts  of  land  within  the  drainage  districts  that 
had  been  abandoned  and  for  which  payments  for  assess- 
ments were  drastically  in  arrears  were  awarded  by  the 
court  to  the  Farm  Loan  Board.  Through  the  permanent 
drainage  district  fund,  the  assessments  for  these  tracts 
were  now  paid  by  the  Farm  Loan  Board.  The  formerly 
20 


abandoned  tracts  were  maintained,  improved  with  the 
construction  of  new  drains,  and  eventually  sold.  Sale  of 
these  tracts  of  land  began  as  early  as  1937,  and  the  ma- 
jority of  the  tracts  had  been  sold  by  1943,  with  the  Farm 
Loan  Board  carrying  the  mortgage  in  numerous  in- 
stances.'" 

By  1940,  the  drainage  district  problems  had  been 
stabilized,  and  the  land  within  the  drainage  districts  was 
gradually  being  put  back  into  production.  From  a  spe- 
cial appropriation  by  the  legislature,  the  Farm  Loan 
Board  had  purchased  a  dragline  to  be  used  for  the 
maintenance,  improvement  and  extension  of  the  drain 
systems.  The  work  of  the  dragline  and  the  maintenance 
crews  was  planned  and  supervised  by  the  Special  Drain- 
age District  Commissioners,  consulting  with  the  Farm 
Loan  Board.  The  dragline  and  the  maintenance  crews 
were  busy  throughout  the  Big  Horn  Basin  from  April 
through  October,  with  the  winter  months  used  to  repair 
and  maintain  equipment.  Not  only  was  the  dragline  and 
other  equipment  used  to  improve  drainage  districts 
managed  by  the  Farm  Loan  Board,  but  it  was  rented  to 
other  drainage  districts,  irrigation  districts,  towns  and  to 
individuals  as  well." 

By  1940  the  national  economic  climate  was  chang- 
ing. Europe  was  at  war  again,  the  United  States  was 
beginning  to  gear  up  for  war,  and  agricultural  markets 
were  expanding.  Once  again  agricultural  products  had 
cash  value,  prices  were  rising  steadily,  and  the  Big  Horn 
Basin  was  gaining  a  semblance  of  prosperity  after  20 
years  of  depression.  It  was  the  beginning  of  a  prosperity 
that  would  endure,  so  that  when  the  last  of  the  drainage 
districts'  indebtedness,  stretching  back  to  the  World 
War  I  era,  was  paid  off  in  1977,  the  bankruptcies,  the 
impossible  assessments,  the  farm  abandonments  and  the 
aura  of  desperation  that  had  existed  in  the  1920s  and 
the  1930s  seemed  only  a  bad  dream. 

The  Wyoming  Farm  Loan  Board  gradually  released 
management  control  of  the  drainage  districts  during  the 
war  years  and  immediate  post-war  period,  with  the  dis- 
tict  courts  appointing  and  supervising  local  commis- 
sioners for  the  drainage  districts.  Though  the  Farm 
Loan  Board  was  at  last  out  of  the  drainage  district  man- 
agement business,  nevertheless  they  maintained  a  sharp 
eye  on  the  drainage  district  accounts.  But  the  danger 
was  past.  With  the  land  that  had  lain  fallow  back  into 
production,  with  new  farmers,  and  a  profitable  agricul- 
tural climate,  the  drainage  districts  repayment  funds 
were  soon  showing  surpluses  and  bonds  were  being  re- 
deemed ahead  of  schedule.'^ 

In  1966,  the  obligations  of  the  drainage  districts  to 
the  Wyoming  Farm  Loan  Board  were  down  to  a  total  of 
$556,680,  for  12  drainage  districts."  The  Worland 
Drainage  District  owed  the  greatest  amount,  $101,500.''' 
The  last  of  the  drainage  district  bonds  were  redeemed 
from  the  State  Treasurer  in  1977,  and,  though  it  had 
been  nearly  a  60  year  saga,  the  state  had  recouped  every 


penny  of  permanent  funds  that  had  been  invested  in  the 
drainage  districts.  The  losses  to  unknown  farm  famihes, 
however,  cannot  be  estimated  or  measured. 

1.  Floyd  A.  Bishop,  "Wyoming's  Water- Yesterday,  Today  and  To- 
morrow," Speech  to  the  Wyoming  Water  Development  Associa- 
tion Meeting,  October  7,  1963. 

2.  Wyoming  Territory,  Session  Laws,  1876,  Chapter  65,  p.  377. 

3.  Wyoming  Blue  Book,  Fo/ume  /  (Cheyenne:  Wyoming  State  Ar- 
chives and  Historical  Department,  1974)  p.  466. 

4.  El  wood  Mead,  Correspondence,  /555-iS90;  Wyoming  State  Ar- 
chives, Museums  and  Historical  Department. 

5.  Ibid. 

6.  Ibid. 

7.  Records  of  the  Wyoming  Territorial  Engineer,  1888-1889. 
Wyoming  State  Archives,  Museums  and  Historical  Department. 

8.  Letter,  Elwood  Mead  to  the  Irrigation  Committee  of  the  Wyo- 
ming Constitutional  Convention,  September  10,  1889;  Wyo- 
ming State  Archives,  Museums  and  Historical  Department. 

9.  T.  A.  Larson,  History  of  Wyoming  (Lincoln:  University  of 
Nebraska  Press,  1965),  pp.  254-255. 

10.  Constitution  of  the  State  of  Wyoming  (Cheyenne:  Thyra  Thom- 
son, Secretary  of  State,  1981)  p.  34. 

11.  Ibid. 

12.  "The  Ownership  of  Water,"  Address  by  Elwood  Mead  before 
the  Farmers  at  Fort  Collins,  Colorado,  1887,  Records  of  the 
Wyoming  Territorial  Engineer,  Wyoming  State  Archives, 
Museums  and  Historical  Department. 

13.  Report,  Elwood  Mead  to  the  United  States  Senate  Committee  on 
Irrigation,  1889,  Records  of  the  Wyoming  Territorial  Engineer, 
Wyoming  State  Archives,  Museums  and  Historical  Department. 

14.  Larson,  History  of  Wyoming,  p.  175. 

15.  Ibid. 

16.  Elwood  Mead,  Correspondence,  1890-1894,  Wyoming  State  Ar- 
chives, Museums  and  Historical  Department. 

17.  Larson,  History  of  Wyoming,  p.  303-304. 

18.  Ibid. 

19.  Ibid.,  p.  348. 

20.  Commissioner  of  Public  Lands,  Carey  Act  Irrigation  Project 
Files,  Wyoming  State  Archives,  Museums  and  Historical  De- 
partment. 

21.  Ibid. 

22.  The  Newlands  Act,  June  17,  1902. 

23.  Beryl  Churchill,  Dams,  Ditches  and  Water  (Cody,  Wyoming: 
Rustler  Printing  and  Publishing,  1980),  pp. 42-44. 

24.  Ibid. 

25.  Ibid. 

26.  Ibid. 

27.  Ibid.,  p.  65. 

28.  Session  Laws  of  Wyoming,  1911,  Chapter  95,  p.  139. 

29.  Wyoming  Senate  Journal,  1911,  Senate  File  No.  85. 

30.  Session  Laws  of  Wyoming,  1911,  Chapter  95,  p.  139. 

31.  Ibid. 

32.  Wyoming  Blue  Book,  Volume  III  (Cheyenne:  Wyoming  State 
Archives  and  Historical  Department,  1974),  pp.  39-41. 

33.  Ibid. 

34.  Wyoming  State  Treasurer,  Drainage  District  Bond  Records. 
1911-1915,  Wyoming  State  Archives,  Museums  and  Historical 
Department. 

35.  Torrington  Telegram,  October  24,  1974. 

36.  Wyoming  State  Treasurer,  Drainage  District  Bond  Records, 
1916-1919,  Wyoming  State  Archives,  Museums  and  Historical 
Department. 

37.  Ibid.,  1916-1918. 

38.  Ibid. 


39.  Ibid..  1918-1919. 

40.  Ibid. 

41.  Ibid. 

42.  Ibid.,  1917-1922. 

43.  Ibid.,  1920-1924. 

44.  Ibid. 

45.  Ibid. 

46.  Session  Laws  of  Wyoming,  1923,  Chapter  10,  p.  12. 

47.  Session  Laws  of  Wyoming,  Special  Session,  1923,  Chapter  2, 
p.  5. 

48.  Ibid. 

49.  Letter.  L.  A.  Bowman  to  John  M.  Snyder,  Wyoming  State 
Treasurer,  March  20,  1923,  Correspondence  Files,  Drainage 
District  Records,  Wyoming  State  Archives,  Museums  and  His- 
torical Department. 

50.  Letter,  John  M.  Snyder,  Wyoming  State  Treasurer  to  L.  A. 
BovkTTian,  Lovell,  Wyoming,  March  24,  1923,  Correspondence 
Files.  Drainage  District  Records.  Wyoming  State  Archives, 
Museums  and  Historical  Department. 

51.  Ibid. 

52.  Wyoming  State  Treasurer,  Drainage  District  Bond  Records. 
April,  1923,  Wyoming  State  Archives,  Museums  and  Historical 
Department. 

53.  Ibid.,  1923-1927. 

54.  Ibid. 

55.  Ibid. 

56.  Wyoming  State  Treasurer,  Farm  Loan  Board  Records.  1931, 
Wyoming  State  Archives,  Museums  and  Historical  Department. 

57.  Letter.  M.  A.  JoUey,  Secy.,  Lovell  Drainage  District  to  H.  R. 
Weston,  Wyoming  State  Treasurer,  March  23,  1934;  Cor- 
respondence Files,  Drainage  District  Records,  Wyoming  State 
Archives,  Museums  and  Historical  Department. 

58.  Session  Laws  of  Wyoming,  Special  Session.  1933,  Chapter  15,  p. 
18;  and  Session  Laws  of  Wyoming.  1933,  Chapter  79,  p.  91. 

59.  Session  Laws  of  Wyoming,  Special  Session,  1933,  Chapter  15, 
p.  18. 

60.  Ibid. 

61.  Session  Laws  of  Wyoming.  1933,  Chapter  79,  pp.  91-92. 

62.  Letter,  Governor  Leslie  A.  Miller  to  Leonard  S.  Strahan, 
Lovell,  Wyoming,  March  14,  1923,  Correspondence  Files. 
Drainage  District  Records.  Wyoming  State  Archives,  Museums 
and  Historical  Department. 

63.  Ibid. 

64.  Minutes,  The  Association  of  Drainage  and  Irrigation  Districts  of 
Big  Horn  County,  Lovell,  Wyoming,  March  26,  1934,  Drainage 
District  Records,  Wyoming  State  Archives,  Museums  and  His- 
torical Department. 

65.  Resolution,  Wyoming  Farm  Loan  Board,  April  7,  1934,  Wyo- 
ming State  Treasurer,  Farm  Loan  Board  Records,  Wyoming 
State  Archives,  Museums  and  Historical  Department. 

66.  Ibid. 

67.  Wyoming  State  Treasurer,  Farm  Loan  Board  Records,  1934, 
Wyoming  State  Archives,  Museums  and  Historical  Department. 

68.  Ibid.,  1934-1943. 

69.  Ibid. 

70.  Ibid. 

71.  Letter,  J.  R.  Ellis,  Special  Commissioner,  Basin,  Wyoming  to 
Thomas  K.  Cassidy,  Collector  of  Internal  Revenue,  Cheyenne, 
October  7,  1937;  Wyoming  State  Treasurer,  Farm  Loan  Board 
Records.  Wyoming  State  Archives,  Museums  and  Historical 
Department. 

72.  Wyoming  State  Treasurer,  Drainage  District  Bond  Records, 
1940- 1977,  Wyoming  State  Archives,  Museums  and  Historical 
Department. 

73.  Ibid.,  1966. 

74.  Ibid. 


21 


A  HISTORY 
WYOMING 


SUPREME 


'-^^AIST^'' 


By  Rebecca  W.  Thomson     " 


Not  long  after  new  residents  came  with  the  railroad 
in  July,  1867,  the  first  Wyoming  lawyers  arrived  and  set 
up  shop  in  Cheyenne.  In  August,  1867,  W.  W.  Corlett, 
who  was  to  become  one  of  Wyoming's  most  respected 
lawyers,  arrived.  Corlett  was  a  Civil  War  veteran  who 
had  graduated  from  the  Union  Law  College  of  Ohio  in 
1866.  When  Corlett  came  he  joined  the  city  attorney, 
James  R.  Whitehead,  to  become  the  prosecutor  for  that 
city.  Corlett  recalled  that  Cheyenne  was  a  city  of  500  to 
600  people  living  in  tents  or  under  wagons.  "I  had  my  of- 
fice with  Whitehead  in  a  tent  and  slept  under  a  wagon 
myself  for  two  or  three  months."' 

At  that  time,  the  official  government  for  the  entire 
area  of  Wyoming  was  located  in  Yankton,  Dakota  Terri- 
tory, hundreds  of  miles  to  the  northeast.  The  days  of 
railroad  construction  were  wild  times  for  Wyoming. 
Newspapers  record  much  violence  in  the  railroad  tovkTis 
that  sprang  up  overnight.  Wife  beating,  prostitution, 
robbery,  drunken  brawls  and  gunfights  were  everyday 
news.  Without  a  strong  local  government  and  with  the 
territorial  government  days  away  in  Yankton,  violence 
gave  rise  to  vigilante  "justice." 

Wyoming's  first  recorded  activity  of  this  kind  oc- 
curred in  January,  1868.  Three  men  who  had  been  ar- 
rested for  theft  were  released  on  bond.  The  next  morn- 
ing they  were  found  tied  together  with  a  large  canvas 


22 


OF 

TERRITORIAL 
COURT 
JUSTICES 


which  Hsted  their  names  and  the  following:  "$900  stolen, 
1500  returned,  city  authorities  please  not  interfere  until 
10  o'clock  a.m.  Next  case  goes  up  a  tree.  Beware  of  the 
Vigilance  Committee."  The  next  morning  the  Cheyenne 
vigilantes  struck  at  Dale  City  and  hanged  three  desper- 
adoes. A  few  days  later  they  drove  five  "bad  guys"  out  of 
Cheyenne.  All  of  this  activity  created  excitement  in 
Cheyenne,  the  mayor  and  the  newspaper  deploring  vigi- 
lante activity. 

In  March,  1868,  two  men,  Martin  and  Morgan, 
were  lynched  by  a  masked  group.  Martin  was  a  notori- 
ous barkeeper  who  had  been  charged  with  murdering  an 
accomplice  and  had  been  acquitted  by  the  U.  S.  District 
Court.  The  Vigilance  Committee  did  not  agree  with  the 
verdict.  Morgan  was  hanged  for  stealing  mules. ^  After 
that,  vigilante  activity  subsided  in  Cheyenne  but  con- 
tinued west  vdth  the  railroad  to  Laramie  City.  Laramie 
had  a  well -organized  group  of  vigilantes. 

In  the  mid-1870's,  Wyoming  was  experiencing  in- 
creasing difficulty  with  road  agents  robbing  stage- 
coaches. In  August,  1875,  the  Cheyenne  Daily  Leader 
stated:  "Gold  excitement  has  brought  to  our  city  many 
dangerous  characters.  .  .  .  They  live  by  appropriating 
the  property  of  our  people  and,  if  the  officers  do  not  put 
a  stop  to  this  practice,  a  people's  committee  will  take  the 
matter  from  their  hands.  A  little  hemp  could  be  used  to 


23 


good    advantage."    In   June,     1877,    under    the    title 
"Hankering  for  Hemp,"  the  Daily  Leader  urged: 
If  there  is  power  in  the  land  to  stop  this  deviUsh  work  and 
hang   these   hellhounds,    we   call    upon    all    in    authority 
military  or  civil  to  use  immediate  and  potent  means.  Other- 
wise the  people  must  rise  and  summarily  end  the  career  of 
road  agents  and  horse  thieves,  after  which  inefficient  offi- 
cers will  be  deposed. 
These  stirring  editorials  must  have  had  an  effect  for  on 
October  9,  1878,  the  Daily  Leader  reported:  "The  Good 
Work  Progresses  .  .  .  two  dead  men  with  black  faces  and 
protruding  tongues  were  left  to  fester  on  a  tree." 

But  crime  on  the  frontier  continued  and  the  public, 
dissatisfied  with  results  from  the  territorial  courts,  sup- 
ported these  vigilante  executions.  Before  1887  there 
were  only  two  legal  executions  — both  men  were  "half- 
breeds."  In  the  early  1880s  the  newspapers  complained 
that  there  had  been  "scores  of  murders,  coldblooded 
and  atrocious,"  with  little  in  the  way  of  punishment  so 
extralegal  executions  continued.' 

In  January,  1879,  "Dutch  Charlie"  Burris  was 
lynched  in  Carbon  and  in  1881  his  compatriot  "Big 
Nose"  George  Parrott  met  the  same  fate  in  Rawlins. 
Henry  Mosier,  another  murderer,  was  lynched  in 
Cheyenne  in  1883.  Despite  pleas  from  Mayor  Joseph 
Carey  and  territorial  officials  to  let  the  law  punish 
Mosier,  the  mob  hanged  him  from  a  telephone  pole  at 
the  corner  of  19th  and  Capitol.  Most  of  the  territory 
condoned  these  lynchings  because  all  three  men  were 
well-known  vicious  characters  whom  it  was  feared  would 
escape  punishment  without  mob  action.  The  newspaper 
supported  these  lynchings.  The  Cheyenne  Sun  stated: 
There  has  [sic]  been  so  many  long-winded  ceremonious 
legal  farces  enacted  in  the  courts  of  the  Territory  that  it 
seemed  to  many  of  our  thoughtful  citizens  as  if  the  law  was 
being  used  to  protect  and  not  to  punish  criminals. 
The  Cheyenne  Leader  added:  "Mob  violence  is  deplor- 
able but  unless  the  laws  and  the  courts  furnish  protec- 
tion to  life  and  punish  crime,  there  is  nothing  left  us."" 
In  an  attempt  to  remedy  the  lack  of  official  and 
legal  justice.  Judge  Ara  Bartlett,  Chief  Justice  of  the 
Dakota  Territory,  came  to  Cheyenne  to  hold  court  in  the 
spring  and  fall  of  1868.  For  the  transient  railroad  pop- 
ulation of  southern  Wyoming  these  two  terms  were  not 
enough.  The  Dakota  legislature  and  the  Dakota  judges 
were  criticized  for  neglecting  the  Wyoming  area.  A 
Cheyenne  lawyer  observed  in  1868  that  "what  may  be 
very  wholesome  law  among  the  Norwegians  at  Yankton 
is  far  from  meeting  the  lightning-like  necessities  of  a 
people  whose  every  movement  is  made  at  the  rate  of  25 
miles  an  hour."  The  Daily  Leader  put  it  this  way, 
"Dakota  is  a  slow  coach;  we  travel  by  steam. "^ 

Complaints  flooded  Washington  about  the  tur- 
bulence and  lack  of  government  in  Wyoming.  As  early 
as  December,  1867,  the  governor  of  Dakota  noted  the 
crime  and  violence  in  the  southwest  part  of  his  territory 
and  urged  that  a  separate  territory  be  created  in  order  to 


deal  more  effectively  with  it.  Dr.  Hiram  Latham,  repre- 
senting Wyoming  people,  went  to  Washington  in  Octo- 
ber, 1867.  In  an  address  to  members  of  the  Senate  and 
House,  he  stated  that  the  people  of  Wyoming  "are  prac- 
tically without  government  and  without  law.  Vigilance 
Committees  usurp  the  function  of  the  court,  and  the 
only  restraint  upon  the  evil  disposed  is  the  fear  of 
violence  at  the  hands  of  those  self-constituted 
tribunals."  He  also  pointed  to  the  strong  support  among 
Wyoming  residents  for  the  creation  of  the  Wyoming 
Territory. 

Unfortunately,  at  the  time  the  Wyoming  Organic 
Act  was  introduced,  a  feud  between  President  Johnson 
and  Congress  was  at  its  height,  and  the  Wyoming  bill 
was  attacked  as  "a  scheme  for  officeholders."  Wyoming 
experienced  one  of  the  longest  delays  of  any  territory. 
More  than  three  years  passed  between  the  introduction 
of  the  act  and  its  passage.  Grant  was  criticized  in  Wyo- 
ming for  his  role  in  the  delay  and  some  members  of 
Wyoming  society  felt  it  was  a  plan  to  prevent  Wyoming 
from  being  settled  by  "conservative  white  men."  Civil 
War  emotions  still  ran  high  even  in  the  West.  The  Fron- 
tier Index  made  this  position  clear: 

The  community  will  not  be  run  or  represented  by  any  one 
cent,  pettifogging,  cloaked,  black  Republican  and  all 
aspirants  of  that  stamp  had  better  pack  their  carpet  bags 
and  put  out  for  Thad  Steven's  Hell  at  the  head  of  the 
Yellowstone  River.  That  is  the  only  part  of  Dakota  that  the 
Devil  has  set  apart  for  the  domicile  of  such  mongrels.  Your 
store  clothes  do  not  encase  the  gizzard  foot  sambo  smell, 
sufficiently  secure  to  make  your  presence  agreeable  among 
honest  white  men.* 

Like  the  organic  acts  for  other  territories,  Wyo- 
ming's followed  the  Ordinance  of  1787  for  the  Ohio  Ter- 
ritory. The  organization  of  the  judicial  system  was  sim- 
ple. Under  the  act,  the  Wyoming  Territory  had  three 
justices  appointed  by  the  President  and  confirmed  by 
the  Senate  for  four-year  terms.  They  presided  individ- 
ually as  district  judges  and  in  a  body  as  the  Territorial 
Supreme  Court.  In  both  capacities  they  had  jurisdiction 
over  cases  arising  under  United  States  or  territorial  law. 
Appeals  went  from  the  Territorial  Supreme  Court  to  the 
U.  S.  Supreme  Court.'  The  Territorial  Supreme  Court 
met  annually  at  Cheyenne.  Throughout  the  territorial 
period,  there  were  only  three  judicial  districts,  but  their 
boundaries  were  changed  several  times. 

Judge  A.  C.  Campbell,  an  early  Wyoming  attorney 
who  knew  most  of  the  territorial  judges,  stated  that  it 
"was  cynically  remarked  that  the  three  district  judges 
met  in  Cheyenne  once  a  year  as  justices  of  the  Supreme 
Court  to  affirm  each  others  errors."' 

Statistics  from  those  early  days  indicate  that  the 
Wyoming  Territorial  Supreme  Court  did  not  automa- 
tically affirm  district  court  decisions.  In  the  period  up  to 
statehood  in  1890,  the  Supreme  Court  affirmed  in  106 
cases,  reversed  in  51,  dismissed  16  and  modified  five  de- 
cisions of  the  lower  court.' 


24 


Chief  Justice  Marshall  defined  territorial  courts  as 
legislative  courts,  not  constitutional  courts.'"  The  prac- 
tical effect  of  this  decision  was  that  territorial  judges 
were  frequently  removed  for  political  reasons  despite 
their  pleas  of  immunity. 

The  judges  of  the  district  courts  ordinarily  held  two 
terms  of  court  at  the  county  seat  of  each  county  in  their 
district.  One  frequently  voiced  criticism  was  the  small 
number  of  judges  for  such  large  districts.  Coverage  in 
Wyoming  on  horseback  or  by  stage  was  an  almost  impos- 
sible task,  considering  the  vast  distances  between  com- 
munities. This  often  led  to  long  and  costly  delays  in  liti- 
gation. In  Johnson  County,  Wyoming,  where  personal 
property  was  valued  at  |5  million,  the  district  judge 
could  make  the  500-mile  stage  trip  only  once  a  year  for  a 
one -week  session." 

Lack  of  money  to  effectively  run  the  judiciary  was  at 
the  center  of  most  territorial  judicial  problems.  The  sal- 
aries of  the  judges  of  the  district  courts  were  covered  by 
their  salaries  as  Territorial  Supreme  Court  Justices. 
These  "pitifully  meager"  salaries  were  established  by  the 
Territorial  Organic  Act.  From  1870  until  statehood, 
Wyoming's  justices  had  their  salaries  pegged  at  $3,000 
per  annum.  The  deliberate  failure  of  Congress  to  appro- 
priate the  full  amount  of  the  judicial  salary  made  the 
situation  even  worse.  From  1877-1880  Congress  appro- 
priated only  $2,600  for  each  judge's  salary.'^ 

The  discrepancy  between  the  value  of  the  dollar 
from  Washington  and  the  value  of  gold,  which  was  the 
currency  in  use  in  the  West,  increased  the  problem.  The 
discounting  for  gold  cost  the  judges  about  15-25% 
before  they  even  received  their  salaries.'^  Finally,  like 
Wyoming  boom  town  citizens  of  today,  the  judges  had 
to  contend  with  the  very  high  costs  of  living  on  the  fron- 
tier. Governor  Moonlight,  who  received  the  same  salary 
as  the  justices,  complained  that  it  was  impossible  to  live 
here  on  the  salary,  however  economical  one  may  be. 
"The  cost  of  keeping  a  horse  is  more  than  my  pay  will 
warrant,  and  so  we  go  on  foot  .  .  ."'"  Territorial  Judge 
W.  W.  Peck  apparently  practiced  moneylending.  In 
1882  he  offered  to  handle  loans  for  President  Hayes, 
noting  that  "there  is  no  law  against  usury  in  the  Ter- 
ritory .  .  ."'*  Judge  Kingman  also  complained  about  the 
salary,  stating  he  was  unwilling  to  board  with  laborers. 

Territorial  legislatures  tried  to  ease  the  problem  by 
voting  extra  compensation.  In  1873  Congress  prohibited 
payment  of  extra  compensation  to  governors,  secretaries 
and  members  of  territorial  legislatures.  Through  an  er- 
ror in  rewriting  the  act,  judges  escaped  this  prohibition. 
Judges  received  $1,000  to  $1,500  extra  in  Wyoming,  but 
inadequate  salary  remained  the  reason  most  often  cited 
for  judicial  resignations. 

The  administration  of  justice  was  further  hampered 
by  unrealistic  travel  and  per  diem  allowances  for  wit- 
nesses and  jurors.'®  These  allowances,  designed  for 
Eastern  states,  were  inadequate  in  the  West.  Jurors  and 


witnesses  collected  traveling  expenses  of  $.06  per  mile 
and  paid  stage  fares  of  $.25  per  mile.  The  result  was  that 
witnesses  would  appear  only  if  arrested,  preferring  to  be 
taken  to  court  as  prisoners  at  the  Government's  expense 
rather  than  pay  their  own  way  without  any  hope  of  ade- 
quate reimbursement. 

The  types  of  cases  handled  by  the  Wyoming  terri- 
torial courts  grew  out  of  the  economy  of  the  state.  Many 
of  the  cases  brought  to  the  territorial  court  had  the 
Union  Pacific  Railroad  as  one  of  the  litigants."  Cattle 
cases  were  another  source  of  frequent  litigation.  Breach 
of  contract  and  rustling  cases  formed  the  bulk  of  those 
cases."  Disputes  over  land  were  frequent,  including 
boundary  disputes  between  land  claimants,  claim  jump- 
ers, miners,  private  citizens  and  the  Federal  govern- 
ment.'* 

Wyoming  had  its  share  of  criminal  cases. ^^  The 
court  also  had  the  usual  run  of  tax,  procedure,  agency, 
bank  and  contract  disputes  with  which  to  deal.  Of  the 
cases  decided  by  the  Territorial  Supreme  Court,  only  12 
were  appealed  to  the  U.S.  Supreme  Court.  Of  those  12, 
three  were  affirmed,  three  reversed,  and  the  rest  dis- 
missed or  set  aside. 

President  Grant's  judicial  appointments  for  the  Ter- 
ritory of  Wyoming  were  announced  on  April  3,  1869. 
John  H.  Howe  was  appointed  Chief  Justice  and  John  W. 
Kingman  and  W.  T.  Jones  were  named  associate  jus- 
tices. The  judges  went  to  work  as  soon  as  they  arrived. 
Judge  Kingman  described  his  arrival  in  Cheyenne  in  his 
autobiography: 

I  went  out  there  in  May  1869,  just  after  the  Union  Pacific 
Railroad  had  been  opened  for  travel.  All  the  new  territorial 
officers  arrived  about  the  same  time  and  we  organized  the 
government  and  the  courts.  We  found  a  horrible  condition 
of  things.  Apparently  the  worst  men  and  women  from  the 
border  states  and  many  who  had  fled  from  the  relentless 
draft  among  the  rebels  seemed  to  dominate  society.^' 
Chief  Justice  Howe  observed  a  year  after  his  arrival 
that  "reckless  roving  adventurers  who  have  no  settled, 
well-defined  notions  of  the  rights  and  obligations  of  so- 
ciety" were  in  the  majority.  The  Chief  Justice  urged  a 
"firm,  inflexible  and  vigorous  administration  of  the  law" 
to  confront  crime  and  immorality,  "which  everywhere 
prevailed  and  was  predominant."^^ 

Evidently  the  lav^ers  were  not  much  better  than  the 
general  citizenry.  Judge  Kingman  said,  "Some  of  the  at- 
torneys were  wretched  characters.  I  sent  two  of  them  to 
prison  for  30  days  each  and  disbarred  two.  These  all  left 
the  Territory  and  never  came  back  again. "^^  Chief 
Justice  Howe  experienced  similar  problems  with  the 
local  bar.  He  fined  four  lawyers.  The  Cheyenne  Leader 
supported  the  Chief  Justice  in  his  lack  of  sympathy  for 
lawyers  who  overslept  "on  account  of  spiritual  manifes- 
tations the  previous  evening." 

Evidently  lawyers  with  "spiritual  manifestations" 
continued  to  be  a  source  of  trouble  to  the  courts.  For  ex- 
ample, in  one  decision  Judge  Peck  noted: 


25 


Street  was  a  practicing  lawyer  at  Cheyenne  and  the  evi- 
dence of  professional  experts  show  that,  when  sober,  he  was 
a  careful  and  precise  draftsman  of  law  papers;  the  structure 
of  the  deed  is  conclusive  that  he  was  sober  when  he 
prepared  it  and  saw  to  this  execution. 

Like  many  of  Wyoming's  territorial  judges  Chief  Justice 
Howe  had  served  in  the  Army  during  the  Civil  War  and 
had  risen  to  the  rank  of  brigadier  general.  He  was  bom 
in  New  York  and  educated  in  Ohio,  for  a  time  serving  as 
judge  of  the  Sixth  Judicial  District  of  Illinois.  He  was  an 
active  Whig  until  1860  when  he  became  a  Republican. 
W.  W.  Corlett  described  the  Chief  Justice  as  "peevish 
and  fretful,  although  a  man  of  pretty  good  ability.  He 
was  undoubtedly  out  of  health,  dyspeptic  in  his  stomach 
and  in  his  nature,  too."^" 

Judge  Kingman,  also  from  the  East,  was  a  graduate 
of  Harvard  Law  School.  He  practiced  law  in  the  office  of 
Daniel  Webster  in  Boston  and  served  as  a  colonel  in  the 
Civil  War.  Bom  in  1821  in  New  Hampshire,  his  ances- 
tors were  the  Brewsters  who  arrived  on  the  Mayflower 
and  settled  in  Portsmouth,  New  Hampshire.  In  1696  In- 
dians attacked  the  settlement,  and  his  great-great- 
grandmother  was  found  without  her  scalp  and  with  a 
fracture  in  her  cranium  from  a  tomahawk. 

The  Wyoming  Territorial  Legislature  was  the  first 
legislature  to  grant  women  the  right  to  vote  and  hold  of- 
fice. The  Wyoming  legislators  also  adopted  a  law  to 
"protect  married  women  in  their  separate  property,  and 
the  enjoyment  of  the  fruits  of  their  labor,"  and  a  law 
which  provided  that  "in  the  employment  of  teachers,  no 
discrimination  shall  be  made  in  the  question  on  account 
of  sex.  .  .  ."^* 

Governor  Campbell  was  opposed  to  the  Suffrage 
Act.  Both  Howe  and  Kingman  were  active  in  supporting 
Wyoming's  early  contribution  to  women's  rights.  In  his 
autobiography,  Kingman  wrote  that  he  and  Howe 
talked  to  Campbell  until  midnight  in  order  to  convince 
him  to  sign  the  bill.  "We  presented  all  the  arguments  we 
could  think  of,  for  we  were  decidedly  in  favor  of  it  as  a 
matter  of  justice  as  well  as  of  expediency.  We  at  last  con- 
vinced him  and  he  signed  it."  Part  of  the  justices'  sup- 
port for  extending  the  franchise  to  women  was  probably 
due  to  the  "civilizing  influence"  women  were  credited 
with  during  frontier  days.  Kingman  and  Howe  cited 
that  attribute  when  they  worked  to  get  women  to  serve 
on  juries.^'  Like  the  citizenry  at  large,  Wyoming  juries 
were  a  rough  group.  Judge  Kingman  noted  that  "the 
courts  were  powerless  to  enforce  the  criminal  laws  in 
cases  of  high  crimes.  It  was  a  common  remark  in  the  jury 
room,  'one  man  is  dead,  what  do  (we)  want  to  kill 
another  for?'  "^^ 

Judge  Kingman  related  the  events  that  led  to  the 
first  women  in  the  world  sitting  on  a  jury  in  Laramie  in 
1869: 

The  county  officers,  thinking  to  throw  ridicule  on  the  act 

and  make  trouble  for  the  judges,  summoned  nearly  all  the 

respectable  women  in  the  city  as  jurors  .  .  .  This  made  the 


husbands  furious,  as  they  looked  upon  it  as  an  insult  as  well 
as  an  outrage.  Threats  of  violence  were  made  unless  the 
judge  would  discharge  all  the  women  at  once  .  .  ,  Judge 
Howe  and  I  consulted  over  the  subject  and  agreed  that  the 
women  had  the  right  to  sit  as  jurors  and  should  not  be 
driven  from  the  exercise  of  it  without  their  consent.  ..." 
In  a  letter  ruling  on  the  prosecutor's  objection  to 
women  being  empaneled.  Judge  Howe  wrote: 

I  will  thank  you  to  make  it  known  to  those  ladies  who  have 
been  summoned  on  the  juries  that  they  will  be  received, 
protected  and  treated  with  all  respect  and  courtesy  due  and 
ever  paid  by  true  American  gentlemen  to  true  American 
ladies,  and  the  court,  by  all  the  powers  of  the  government, 
will  secure  to  them  all  that  deference,  security  from  insult 
or  anything  which  ought  to  offend  the  most  refined  woman 
which  is  accorded  to  women  in  any  of  the  walks  of  life  in 
which  the  good  and  true  women  of  our  country  have  here- 
tofore been  accustomed  to  move. 

Thus,  whatever  may  have  been,  or  may  not  be  thought 
of  the  policy  of  admitting  women  to  the  right  of  suffrage 
and  to  hold  office,  they  will  have  a  fair  opportunity,  at  least 
in  my  court,  to  demonstrate  their  ability  in  the  new  field, 
and  the  policy  or  impolicy  of  their  occupying  it. 

Of  their  right  to  try  it  I  have  no  doubt.  I  hope  they  will 
succeed,  and  the  court  will  certainly  aid  them  in  all  lawful 
and  proper  ways.™ 

Justice  Kingman  described  the  atmosphere  which 
greeted  the  justices,  "When  we  went  to  the  Court  House 
it  was  filled  with  a  curious  crowd,  some  to  enjoy  the  fun, 
both  most  angry  and  sullen."^' 

From  another  perspective,  one  of  the  first  woman 
jurors,  Sarah  Wallace  Pease,  described  her  jury  sum- 
mons: 

This  proceeding  was  considered  a  very  ludicrous  affair  .  .  . 
consequently  when  the  eventful  day  arrived  they  (the 
women)  were  all  in  attendance,  with  the  mutual  under- 
standing that  they  would  request  to  be  excused.  When  we 
reached  the  old  club  house  or  barracks,  which  was  digni- 
fied by  being  called  a  court  house,  we  found  it  filled  to 
overflowing  with  a  crowd  of  men  and  women.  .  .  .^^ 
Chief  Justice  Howe  formally  opened  court  by  saying: 
Ladies  and  Gentlemen  of  the  Grand  Jury:  It  is  a  novelty  to 
see,  as  we  do  today,  ladies  summoned  as  jurors.  The  exten- 
sion of  political  rights  and  franchise  to  women  is  a  subject 
that  is  agitating  the  whole  country.  I  have  never  taken  an 
active  part  in  the  discussions,  but  I  have  long  seen  that 
woman  was  a  victim  to  vices,  crimes  and  immorality,  and 
with  no  power  to  protect  or  defend  herself  from  these  evils. 
I  have  long  felt  that  such  powers  of  protection  should  be 
conferred  upon  women,  and  it  has  fallen  to  our  lot  here  to 
act  as  pioneers  in  this  movement,  and  to  test  the  questions. 
The  eyes  of  the  world  are  today  fixed  upon  this  jury  of 
Albany  county.  There  is  not  the  slightest  impropriety  in 
any  lady  occupying  the  position,  and  I  wish  to  assure  you 
that  the  fullest  protection  of  the  court  shall  be  accorded  to 
you.  It  would  be  a  most  shameful  scandal  that  in  our 
temples  of  justice  and  in  our  courts  of  law  anything  should 
be  permitted  which  the  most  sensitive  lady  might  not  hear 
with  propriety  and  fitness;  and  here  let  me  add  that  it  will 
be  a  Sony  day  for  any  man  who  shall  so  far  forget  the  cour- 
tesies due  and  paid  by  every  American  gentleman  to  every 
American  lady  as  to  even  by  word  or  act  endeavor  to  deter 
you  from  the  exercise  of  these  rights  of  which  the  law  has 


26 


Chief  Justices 


John  H.  Howe 
1869-1871 


Joseph  W.  Fisher 
1871-1879 


James  B.  Sener 
1879-1884 


John  W.  Lacey 
1884-1886 


William  L.  Maginnis 
1886-1889 


Willis  Van  Devanter 
1889-1890 


27 


invested  you.  I  will  conclude  with  a  remark  that  this  is  a 
question  for  you  to  decide  for  yourself.  No  man  has  any 
right  to  interfere.  It  seems  to  be  proper  for  women  to  sit 
upon  grand  juries,  which  will  give  them  the  best  possible 
opportunities  to  aid  in  suppressing  dens  of  infamy  which 
curse  the  country.  I  shall  be  glad  of  your  assistance  in  the 
accomplishment  of  this  object." 

Next,  Justice  Kingman  was  called  upon  to  address 
the  prospective  jurors.  Judge  Kingman  related: 

I  told  them  that  they  well  knew  how  utterly  unable  the 
courts  were  to  enforce  the  criminal  law.  in  consequence  of 
the  unwillingness  of  such  juries  as  we  had  been  having,  to 
convict  anyone,  that  we  believed  a  remedy  would  be  found 
if  the  intelligent  and  moral  women  would  come  forward 
and  help  us  by  exercising  the  new  powers  now  for  the  first 
time  put  into  their  hands;  that  they  were  more  deeply  in- 
terested in  sustaining  the  honest  and  vigorous  enforcement 
of  the  laws  than  any  other  class  of  citizens.  We  implored 
them  to  aid  us  as  judges  and  protect  themselves  and  the 
young  society  now  just  organizing  itself.''' 

Pease  described  the  reaction  of  the  women  to  these  re- 
marks by  writing,  "I  hardly  need  to  add  that  such  words 
of  commendation,  coming  from  the  bench  had  the  de- 
sired effect  and  as  a  result  every  woman  who  had  been 
called  to  serve  was  promptly  sworn  in."^^  The  attorneys 
objected  again  and  were  overruled.  Judge  Howe,  when 
threatened  by  irate  counsel  with  an  appeal  from  his  rul- 
ing, responded,  "Go  ahead,  and  see  how  far  you  get  with 
Kingman  and  me  on  the  Supreme  Court.  " 

The  news  of  the  world's  first  women  jurors  was  tele- 
graphed everywhere.  Twenty-four  hours  later  the  King 
of  Prussia  cabled  congratulations  to  President  Grant. 
Newspaper  writers  and  special  artists  from  the  illustrat- 
ed papers  came  to  Laramie  to  record  the  historic  event. 
The  women  jurors,  despite  pleas  from  the  court,  refused 
to  pose  for  a  group  photograph.  When  going  back  and 
forth  between  the  jury  room  and  the  courtroom  they 
were  "heavily  veiled"  to  prevent  sketches  being  taken. 
The  precautions  were  to  no  avail,  however.  They  were 
caricatured  by  the  newspaper  artists  and  many  of  the 
newspapers  wrote  unfavorable  articles  to  accompany  the 
drawings.  In  spite  of  this  adverse  reception,  the  female 
jurors  fulfilled  their  responsibilities  admirably.  They  sat 
in  on  a  variety  of  cases  including  horse  and  cattle  steal- 
ing, illegal  branding  and  murder. 

The  effect  of  the  women  on  the  male  jurors  was  star- 
tling. Card  and  dice  playing,  drinking  and  even  smoking 
and  chewing  were  inhibited.  The  judges  noted  that  even 
the  courtroom  shaped  up.  "Lawyers  took  their  heels  off 
the  table,  and  quit  whistling  and  expectorating.  The 
Judge  put  his  legs  and  feet  under  the  bench  where  they 
belonged  instead  of  on  top  of  it,  the  attendants  and 
spectators  came  better  dressed;  the  room  was  kept  neat 
and  clean."  The  tone  of  the  jury  room  was  also  radically 
changed.  The  first  "female"  Grand  Jury  was  opened  in 
prayer  by  a  minister's  wife.  This  same  woman  insisted, 
in  spite  of  criticism  from  other  female  jurors,  upon  knit- 
ting throughout  the  court  proceedings  and  delibera- 


tions. Juror  Pease  described  her  as  knitting  during  the 
deliberation  in  a  murder  case,  reciting  in  rhythm  with 
her  clicking  needles.  "Whoso  sheddeth  man's  blood  by 
man  shall  his  blood  be  shed."^^  The  man  was  convicted. 
When  the  jurors  were  discharged.  Chief  Judge  Howe 
praised  the  women  jurors,  saying  they  exerted  "a  refin- 
ing and  humanizing  influence"  and  their  presence 
marked  "a  new  and  improved  epoch  in  the  administra- 
tion of  justice."  In  a  later  written  statement,  the  Chief 
Judge  commended  the  women  for  their  "careful,  pain- 
staking, intelligent  and  conscientious"  attitude.'^ 

Judge  Kingman  maintained  a  strong  interest  in 
women's  rights.  He  stated  in  his  autobiography,  "I  can- 
not help  regarding  the  part  I  took  in  securing  the 
passage  of  the  Woman  Suffrage  Act,  in  giving  it  vital 
force  and  effect  and  preserving  its  perpetuation  and 
popularity  as  the  most  creditable  act  of  my  life."^*  He 
gave  interviews  and  speeches  on  the  subject  in  several 
states.  In  1876  he  spoke  to  the  Massachusetts  legislature 
on  the  Wyoming  experience  with  women's  suffrage.  In 
1874  in  an  interview  with  feminist  Mrs.  Lucy  Stone,  he 
observed,  "A  woman  will  not  consent  to  be  a  butterfly 
when  she  can  of  her  own  choice  become  an  eagle!  Let 
her  enjoy  the  ambitions  of  life.  Let  her  be  able  to  secure 
its  honors,  its  riches,  its  high  places,  and  she  will  not  be 
its  toy  or  simple  ornament. "^^ 

Judge  Kingman,  like  several  other  territorial  judges, 
had  interests  in  livestock.  He  was  a  major  figure  in  Wyo- 
ming's sheep  raising  industry.  In  1871  the  Laramie  Daily 
Sentinel  reported  that  Judge  Kingman  had  received  a 
"whole    train    load    of  sheep    from    the    East."  Judge 
Kingman  gained  a  wide  reputation  as  an  authority  on 
sheep  and  was  quoted  as  such  in  a  report  of  the  Secre- 
tary of  the  Interior.  But  his  sheep  raising  activity  also 
gave  an  opportunity  to  his  critics.  P.  S.  Posey  said: 
Judge    Kingman,    instead   of  mounting   armed   chairs   to 
frighten  the  souls  of  fearful  lawyers,  capers  nimbly  in  an 
odorous  sheepfold  to  the  lascivious  bawling  of  his  rams.  Be- 
sides, he  ranks  much  higher  as  a  lawyer  among  sheep  than 
he  does  among  men.''" 

Toward  the  end  of  his  term.  Chief  Judge  Howe  ex- 
perienced problems  of  a  more  serious  nature.  In  1869- 
1870  Wyoming  was  excited  by  the  Black  Hills  gold  dis- 
coveries and  there  was  much  talk  of  sending  an  armed 
mining  expedition  north.  Because  of  his  "ability,  ad- 
dress, high  character,  and  social  and  political  influ- 
ence,'"" Judge  Howe  was  selected  to  represent  Wyoming 
in  Washington,  D.C.  Howe  went  to  Washington  and 
was  successful  in  obtaining  permission  for  the  territory's 
northern  expedition.  Upon  his  return  he  was  generally 
applauded  by  the  residents  for  this  accomplishment,  but 
the  Justice  Department  was  not  pleased  with  his  activity. 
The  actions  that  led  to  his  early  resignation  began 
soon  after  his  Washington  success  in  1870.  A  lawsuit  was 
brought  against  the  Union  Pacific  Railroad  by  a  con- 
tractor who  sought  an  award  of  $600,000.  Judge  Howe 


28 


required  the  railroad  to  put  up  security  for  the  claim, 
refusing  to  accept  the  bond  signed  by  the  Union  Pacific 
directors  because  they  were  not  residents  and  did  not 
own  property  in  Wyoming.  Instead,  the  judge  wanted  to 
appoint  a  receiver.  The  railroad  protested  vehemently. 
Oakes  Ames,  Union  Pacific  promotor,  called  Howe's  de- 
cision "an  outrage  that  ought  not  to  be  submitted  to." 
The  railroad  began  to  apply  political  pressure.  The 
Justice  Department  instructed  the  Wyoming  judge  on 
the  government's  desire  to  see  that  the  railroad  be  kept 
running.  Howe  was  on  the  verge  of  removal.  After  two 
weeks,  Howe  capitulated  to  the  railroad's  demands.  The 
case  proceeded  without  a  receiver  and  Oakes  Ames  was 
"gratified  that  the  Wyoming  courts  have  come  to  their 
senses.'"*^ 

Later  Howe  tried  unsuccessfully  to  become  the  Re- 
publican nominee  for  Territorial  Delegate  to  Congress. 
Governor  Campbell  halted  Howe's  ambition  by  appoint- 
ing Judge  William  Jones.  After  two  and  a  half  years  on 
the  bench,  Howe  resigned,  a  sick  man.  Two  years  later 
he  died.  Near  the  end  of  his  service,  Howe  described  the 
transformation  of  Laramie  from  a  wild  frontier  town  to 
a  place  known  for  its  "peace,  sobriety  and  good."  While 
this  statement  may  not  be  entirely  accurate,  it  does 
reflect  his  estimate  of  the  initial  impact  of  the  federal 
judiciary  on  the  frontier.'*' 

Judge  William  Jones  sat  on  the  bench  with  Howe 
and  Kingman.  Born  in  Indiana,  he  served  in  the  Civil 
War  and  was  promoted  to  major  "for  gallant  and  meri- 
torious services  on  the  field.  "  He  began  the  practice  of 
law  in  1865  and  in  1869,  at  the  age  of  27,  he  was  ap- 
pointed justice  of  the  Wyoming  Territorial  Supreme 
Court.  Corlett  described  Jones  as,  "Entirely  cool  and  im- 
partial on  the  bench  and  for  that  reason  was  approved 
by  the  bar  and  people.'"''' 

Jones  was  supported  by  Governor  Campbell  as  the 
Republican  nominee  for  Territorial  Delegate  to  Con- 
gress and  his  selection  in  1871  caused  a  schism  in  the 
Wyoming  Republican  party.  This  intra-party  feud  last- 
ed for  over  four  years,  until  Governor  Campbell's 
resignation  in  1875.  The  Republican  editor  of  the  Lar- 
amie Sentinel  later  described  this  "war"  between  federal 
officers  as  one  "which  rapidly  spread  among  the  citizens 
of  the  territory  and  grew  into  the  most  bitter  feud  ever 
known  in  the  West." 

On  one  side  were  Governor  Campbell,  Justice  Jones, 
U.  S.  Attorney  Joseph  Carey  (later  a  territorial  justice), 
Frank  Wolcott  of  the  U.  S.  Land  Office,  and  the  editor 
of  the  Laramie  Daily  Sentinel.  On  the  other  side  were 
Territorial  Secretary  Herman  Glafcke,  Surveyor  General 
Silas  Reed,  U.  S.  Marshal  Church  Howe  and  the  editor 
of  the  Cheyenne  Daily  Leader.  Church  Howe  was  the 
nominee  for  delegate  by  this  faction  of  Republicans. 
Since  he  was  the  U.  S.  Marshal,  the  ramifications  of  the 
hostilities  were  serious  for  the  judiciary. 


Following  charges  of  vote-buying,  the  governor  per- 
suaded President  Grant  to  remove  Church  Howe  as  mar- 
shal in  May,  1871.  The  Cheyenne  Daily  Leader  blamed 
Howe's  removal  on  the  "meanness,  political  chicanery, 
and  rotten  machinations  of  the  Campbell  clique  of  polit- 
ical prostitutes  and  drunkards."'"*  The  marshal's  re- 
placement left  after  a  few  days,  on  a  cattle  train  in  the 
middle  of  the  night.  Justice  Jones  accused  Church  Howe 
of  buying  off  this  replacement.  Howe  was  then  reap- 
pointed but  removed  again  in  1872  when  President 
Grant  appointed  Frank  Wolcott  as  U.  S.  Marshal.  This 
precipitated  a  flood  of  letters  to  Washington  describing 
Wolcott  as  "obnoxious  and  hateful  to  us." 

By  the  spring  of  1872,  Campbell's  superior  position 
had  eroded.  Wyomingites  were  dissatisfied  with  Dele- 
gate Jones'  job  as  their  representative.  Jones'  problems 
coupled  with  the  disarray  among  the  Republicans  led  to 
a  Democratic  victory  in  the  Delegate  race  in  September, 
1872.  In  March,  1873,  President  Grant  removed  two 
more  anti-Campbell  Republicans,  Glafcke  and  Reed. 

In  1874,  Judge  Joseph  M.  Carey  was  the  Republican 
nominee  for  delegate.  He  was  defeated  by  Democrat 
W.  R.  Steele.  With  a  Democrat  again  in  Washington, 
Campbell  left  Wyoming  to  become  United  States  Consul 
to  Switzerland.  A  concentrated  effort  to  remove  Judge 
Carey  began.  Edward  Ivinson,  a  prominent  Laramie 
banker,  wrote  to  the  U.  S.  Attorney  General  attacking 
Carey: 

Judge  Carey  is  not  a  man  of  learning  in  the  law  or  in 
anything  else  and  is  completely  blinded  by  his  likes  and 
dislikes  to  such  an  extent  that  he  cannot  decide  any  ques- 
tion fairly.  He  always  tried  to  protect  his  political  friends 
and  punish  his  political  enemies. 

He  described  the  Chief  Judge  as  follows:  "Judge  Fisher  is 
a  weak  old  man,  feeble  in  health  and  more  feeble  in  in- 
tellect." Judge  Thomas  was  characterized  as  a  "vulgar 
whiskey  drinker  .  .  .  hostile  and  abusive.'"**  Ivinson  con- 
cluded by  threatening  to  leave  the  country  unless  there 
was  a  change  of  officers,  but  the  removal  effort  failed 
and  the  "Campbell"  judges  remained  on  the  bench. 

Judge  Fisher,  the  judge  described  so  unflatteringly 
by  Ivinson,  began  his  tenure  on  the  bench  in  1871,  sit- 
ting with  Kingman  and  Howe.  He  was  born  in  Pennsyl- 
vania in  1814,  admitted  to  the  bar  in  1842,  and  elected 
to  the  Pennsylvania  Legislature  in  1848.  He  enlisted  in 
1861  as  a  captain  of  the  Union  Army,  fought  at  Get- 
tysburg and  was  rewarded  for  his  gallantry  with  the 
brevet  rank  of  Brigadier  General.  President  Grant  refer- 
red to  Fisher  in  complimentary  terms  in  his  memoirs. 

Ivinson  was  not  Judge  Fisher's  only  critic.  The  Chief 
Justice  was  condemned  by  P.  S.  Wilson,  a  Cheyenne 
banker,  in  letters  to  officials  in  Washington.  On  treat- 
ment of  an  embezzler  by  Judge  Fisher  and  by  a  contempt 
of  court  punishment  he  received  from  the  judge,  Wilson 
wrote  of  Fisher: 


29 


Associate  Justices 


William  T.  Jones 
1869-1871 


John  W.  Kingman 
1869-1873 


Joseph  M.  Carey 
1872-1876 


E.  A.  Thomas 
1873-1877 


Jacob  B.  Blair 
1876-1888 


30 


William  Ware  Peck 
1877-1882 


Micah  C.  Saufley 
1888-1890 


Samuel  C.  Parks 
1882-1886 


Asbury  B.  Conaway 
1890 


*Joseph  W.  Fisher  served  as  associate  justice  for  eight 
months  in  1871  before  he  was  named  Chief  Justice. 


31 


The  basilisk  is  hatched  from  the  male  bird's  egg.  It  is  a 

creature  surpassing  all  others  in  its  hideousness  and  venom. 

The  way  to  kill  it,  is  to  hold  before  it  a  mirror,  when  it  dies 

from  terror.  If  our  judicial  basilisk  will  examine  himself  in 

this  mirror  of  his  deed,  he  cannot  live."' 

In  spite  of  such  vicious  attacks,  Judge  Fisher  enjoyed 
a  comparatively  long  term  on  the  bench— over  eight 
years.  Unlike  many  of  the  territorial  judges,  he  re- 
mained in  Wyoming.  In  1881  he  was  appointed  U.  S. 
Commissioner  and  served  until  statehood.  The  initial 
draft  of  the  state's  constitution  was  the  work  of  the 
former  justice.  His  son,  Tunis  J.,  better  known  as  T.Joe, 
was  a  well-known  figure  in  the  Cheyenne  legal  commu- 
nity where  he  served  as  District  Clerk  of  Court  for  many 
years. 

In  1873  E.  A.  Thomas  was  appointed  to  replace  Jus- 
tice Kingman.  A  native  of  New  York,  he  was  35  when  he 
arrived  in  Wyoming.  He  had  been  mayor  of  Auburn, 
New  York,  and  a  captain  in  the  Union  Army.  Judge 
Thomas  served  for  four  years  and  was  the  compiler  for 
the  first  volume  of  the  Wyoming  Supreme  Court  deci- 
sions. He  later  returned  to  the  East  where  he  wrote  sev- 
eral novels  and  a  dictionary  of  biography. 

The  last  judge  to  serve  during  the  Campbell  admin- 
istration was  Judge  Joseph  M.  Carey.  He  was  born  in 
Delaware  in  1845  and  g[raduated  from  the  University  of 
Pennsylvania  where,  while  studying  law,  he  stumped  on 
behalf  of  Republican  candidates  and  campaigned  for 
Grant  in   1868.    In    1869   Grant   appointed   Carey,    at 


Carey's  own  request,  to  be  the  first  U.  S.  Attorney  for 
Wyoming.  Two  years  later  he  resigned  this  office  when, 
at  age  26,  he  was  appointed  associate  justice  for  the 
Wyoming  Supreme  Court,  where  he  served  from 
1871-1876. 

Carey  went  on  to  be  elected  Mayor  of  Cheyenne 
three  times,  Representative  to  Congress  three  times  and 
after  statehood  he  was  elected  Senator.  In  1911  he  was 
elected  Governor  of  the  State  of  Wyoming.  While  a 
delegate  to  Congress,  Carey  worked  for  Wyoming's 
statehood. 

As  early  as  1869  Judge  Carey  saw  the  possibilities  in 
the  cattle  industry.  In  a  letter  he  wrote  to  one  of  his 
brothers  he  said: 

I  have  for  some  time  been  thinking  of  suggesting  to  him 
[their  brother  John]  to  come  to  this  country  to  engage  in 
cattle  and  sheep  raising.  I  know  of  nothing  in  which  a  man 
can  so  speedily  and  surely  make  a  fortune  ...  A  man  with 
some  capital  that  will  stick  to  the  business  for  5  years  with 
but  ordinary  luck  can  be  worth  $100,000.  I  believe  it  to  be 
a  sure  road  to  fortune.  ...''* 

In  1872  he  and  his  brother  brought  a  herd  from  Texas  to 
Cheyenne.  By  1875  they  boasted  the  largest  herd  in  the 
state,  over  6,000  head.  A  decade  later  they  had  32,287 
head  of  cattle.  The  company,  J.  M.  Carey  and  Brother, 
was  in  operation  for  three-quarters  of  a  century."*  As  a 
member  of  the  judiciary,  Carey  was  criticized  for  his 
business  interests.  While  he  was  on  the  bench  in  1876, 
Delegate  W.   R.   Steele,   the  Democrat  who  defeated 


Courthouse  interior,  Evanston,  Uinta  County,  in  territorial  days. 


32 


Carey  for  the  position  in  1874,  complained  of  his  busi- 
ness interests  to  the  attorney  general: 

Judge  Carey  is  a  young  man  of  limited  experience  at  the 
bar,  is  largely  engaged  in  private  business  which  engrosses  a 
very  considerable  portion  of  his  time,  almost  the  whole  of 
it,  thus  preventing  that  undivided  attention  to  his  judicial 
duties,  which  is  an  absolute  prerequisite  to  a  good  judicial 
officer.™ 

Assessments  of  Carey's  judicial  performance  varied. 
Opponents  accused  him  of  incompetence  but  his  friends 
described  him  as  dedicated  and  diligent.  During  the  re- 
moval activity,  after  Campbell's  departure,  the  U.  S. 
Marshal  at  the  Attorney  General's  request  interviewed 
ten  leading  citizens  about  Carey's  reputation.  All  pro- 
fessed to  like  him  personally;  all  questioned  his  ability  as 
a  lawyer  and  judge.  The  marshal's  report  noted  that 
Francis  E.  Warren  liked  Carey  as  an  honorable  and 
energetic  gentleman  "but  as  a  lawyer  thinks  he  does  not 
know  anything  about  it  and  very  much  prejudiced." 
Luke  Murrin  considered  Judge  Carey  "a  nice  clever  fel- 
low, highly  honorable,"  but  also  stated  that  he  "does  not 
know  any  more  about  law  than  a  hog  .  .  .  full  of  preju- 
dice and  owTied  and  run  by  the  Campbell  clique."^' 
Carey  did  not  lack  support,  however.  He  was  able  to  get 
17  out  of  the  20  practicing  lawyers  in  the  territory  to  pe- 
tition Washington  in  his  favor.  Carey,  was  elected  to  the 
U.  S.  Senate  in  1890  where  he  served  until  1895." 

Carey  was  replaced  by  Jacob  B.  Blair.  Blair  was 
bom  in  what  is  now  West  Virginia  in  1821.  He  studied 
law  and  was  admitted  to  the  bar.  He  was  a  representa- 
tive to  Congress  in  the  early  1860s  as  a  Unionist  and 
when  West  Virginia  was  admitted  to  the  Union  he  con- 
tinued to  represent  the  state.  He  also  served  as  the  U.  S. 
Minister  to  Costa  Rica  from  1868-1873.  President  Grant 
appointed  him  Associate  Justice  of  Wyoming  in  1876. 
Attorney  A.  C.  Campbell  said: 

He  had  a  charming  personality  and  an  amiable  disposition. 
He  also  possessed  a  keen  sense  of  humor  which  was  fre- 
quently displayed  upon  the  bench  and  occasionally  savored 
a  written  opinion. ^^ 

In  a  homicide  case  before  Judge  Blair,  a  gunsmith 
was  on  the  witness  stand,  located  a  few  feet  to  the  right 
of  the  judge.  He  held  in  his  hand  the  defendant's  revol- 
ver. As  Judge  Blair  turned  to  deposit  a  mouthful  of 
tobacco  juice  in  the  cuspidor,  he  saw  the  revolver 
pointed  at  him.  He  inquired,  "Mr.  Witness,  is  that  gun 
loaded?"  Upon  receiving  an  affirmative  answer.  Judge 
Blair  responded,  "Point  it  towards  the  lawryers.  Good 
judges  are  scarce."^' 

On  election  eve,  1884,  Blair  had  adjourned  his  court 
"until  the  morning  after  James  G.  Blaine  is  elected  Presi- 
dent." Soon  after  President  Cleveland's  inauguration. 
His  Honor  paid  his  respects  to  the  new  President.  Cle^Te- 
land  evidently  kidded  him  a  little  and  assured  Blair  that 
he  would  not  be  removed,  barring  the  appearance  of 
serious  charges  against  him.  Blair  blurted,  "Mr.  Presi- 


dent, the  most  serious  charge  that  I  have  heard  is  that  I 
bet  on  Blaine."^'' 

While  holding  court  in  Albany  County,  Judge  Blair 
occupied  two  rooms  in  the  "Courthouse,"  one  was  his  of- 
ficial chambers  and,  on  the  floor  below,  was  his  bed- 
room. A.  C.  Campbell  was  U.  S.  Attorney  and  the  gov- 
ernment had  brought  suit  against  a  man,  Matt  Patrick 
from  Omaha,  over  the  Star  Route  mail  contract.  A 
leading  Omaha  lawyer,  John  Webster,  represented  Pa- 
trick. Webster  came  to  Laramie  to  argue  a  demurrer 
and  the  argument  lasted  most  of  the  day.  The  judge  en- 
tered an  order  denying  the  demurrer.  That  evening,  the 
judge,  Webster,  Patrick  and  Campbell  played  whist  in 
the  judge's  bedroom  until  a  late  hour.  Campbell  and  the 
judge  were  partners.  They  had  extraordinary  luck  and 
won  every  game.  When  the  game  was  over.  Judge  Blair 
shook  Campbell's  hand  and  said,  "Put  it  there,  we  can 
beat  them  upstairs  and  we  can  beat  them  downstairs." 
Attorney  Webster  exclaimed,  "Yes,  and  damn  you,  you 
hold  the  cards  in  both  places. "^^ 

Judge  Blair  continued  to  administer  frontier  justice 
until  1888.  He  moved  to  Salt  Lake  City,  Utah,  where  he 
acted  as  probate  judge  and  surveyor  general  of  Utah  un- 
til his  death  in  1901. 

Serving  on  the  bench  with  Fisher  and  Blair  was  Wil- 
liam Ware  Peck.  The  replacement  for  E.  A.  Thomas,  he 
was  appointed  in  1877  by  President  Rutherford  B. 
Hayes,  a  college  classmate  at  Harvard. 

Peck  was  born  in  1819  in  Vermont.  At  the  time  of 
his  appointment,  he  had  been  practicing  law  in  New 
York  City  with  John  Van  Buren,  son  of  President  Van 
Buren.  He  came  to  Wyoming  highly  recommended  by 
members  of  the  bars  of  New  York  and  Vermont.  Peck 
was  commended  by  his  peers  in  the  following  terms:  "He 
was  marked  for  his  devotion  to,  and  industry  in,  his  pro- 
fession, and  for  his  habit  of  thorough  investigation  of 
legal  subjects,  a  gentleman  of  integrity  and  culture."^® 
His  was  an  interim  appointment  which  required  confir- 
mation by  the  Senate  at  the  next  session.  But  before  the 
year  was  out  many  people  were  calling  for  Judge  Peck's 
removal. 

The  controversy  over  Judge  Peck  illustrates  the 
many  pressures  that  affected  territorial  justice  and 
points  out  the  importance  of  the  ability  to  adapt  to  the 
frontier  and  its  ways.  Although  Judge  Peck's  critics 
pointed  to  the  exorbitant  expenses  incurred  by  the  dis- 
trict court  in  the  summer  of  1877,  it  was  apparent  that 
personality  conflicts  played  a  large  role  in  Judge  Peck's 
problems. 

His  train  pulled  into  Evanston  at  2  p.m.  and  by  3 
p.m.  he  was  holding  court.  Peck  was  a  staunch  Episco- 
palian and  began  and  taught  the  first  Sunday  school  in 
the  area.  The  irrepressible  A.  C.  Campbell  remarked  on 
Peck's  use  of  prayer  in  the  courthouse:  "The  citizens  of 
that  town  would  have  been  less  astonished  had  one  of 
their  number  opened  a  jackpot  in  the  same  manner."^' 


33 


Senator  Algeron  S.  Paddock  of  Nebraska  accurately 
divined  the  reasons  behind  Judge  Peck's  practice.  He  de- 
scribed the  justice  as  a  self-acclaimed  "apostle  to  the 
border  country,  sent  here  for  missionary  work  to  reform 
a  depraved  people."^'  Peck's  personal  letters  seem  to 
bear  this  out.  To  his  friend,  President  Hayes,  he  depict- 
ed his  work  as  a  "sharp  contest,  a  close  throat  grapple 
between  law  and  crime."  The  "lawless  element"  was  a 
frequent  subject  in  his  correspondence. 

Besides  his  religious  bent.  Judge  Peck  was  also  de- 
scribed as  deliberate,  prim,  and  pompous.  He  mounted 
the  bench  with  a  "lordly  air"  said  one  critic.  Another  al- 
luded to  Peck  as  "one  of  those  gentlemen  to  whom  it  is  a 
pleasure  to  part  their  names  in  the  middle. "^^ 

Peck  suggested  to  his  fellow  justices  that  when  they 
sat  as  members  of  the  Supreme  Court  they  should  wear 
robes.  Judge  Blair  pretended  to  agree  but  suggested  that 
Peck  should  get  Chief  Justice  Fisher's  opinion.  He  did 
and  Fisher's  reply  was,  "I'll  be  damned  if  I'll  ever  wear 
one.''^" 

The  crux  of  the  case  against  Peck  was  the  increase  in 
court  expenditures  under  his  administration.  He  paid 
careful  attention  to  the  court  rules,  he  required  full  rec- 
ords made  for  each  case  and  consumed  large  amounts  of 
time  in  gathering  all  the  details  in  every  trial.  Cases  that 
used  to  take  a  day  to  be  tried  now  took  closer  to  two 
weeks.  All  this  concern  for  procedures  raised  court  costs 
borne  by  the  county  from  $3,800  to  $11, 000. '^'  Statistics 
published  at  the  time  show  that  in  the  July  term  of  the 
previous  year  25  civil  and  10  criminal  cases  had  been  dis- 
posed of  at  a  cost  to  the  county  of  only  $2,027.20,  com- 
pared to  Peck's  July  Term  of  1877  when  six  civil  and  14 
criminal  cases  cost  the  county  $8,836.60.^^ 

In  1877  Judge  Peck  wrote  to  the  President  remind- 
ing him  of  his  promise  to  renew  his  commission.  He  took 
that  opportunity  to  notify  him  that  Chief  Justice  Fisher 
"is  over  70  .  .  .  paralytic  .  .  .  (and)  cannot  probably  live 
long  .  .  .  Now  I  want  to  be  Chief  Justice.  ...  Do  not 
understand  me  however  as  intending  to  intimate  that 
Judge  Fisher  is  not  entirely  competent  for  his  position.  I 
have  no  thought  of  doing  so.  I  am  simply  anticipating  a 
vacancy  ...  I  suspect  his  health  is  really  yielding  to  over- 
work ..." 

Judge  Peck  was  premature  in  his  request.  By  that 
time  the  opposition  to  his  confirmation  had  strength- 
ened. Local  politicians,  including  former  court  officials 
and  his  predecessor,  E.  A.  Thomas,  were  afraid  of  losing 
control  of  the  federal  "pork  barrel."  One  of  Peck's  first 
acts  had  been  to  fine  a  lav^ryer  ten  dollars  for  contempt. 
Unfortunately  forjudge  Peck,  the  man  was  a  delegate  to 
the  territorial  legislature  and  was  so  offended  by  the 
judge's  action  that  he  vowed  revenge.  The  delegate  drew 
up  the  memorial  to  the  President  requesting  him  to 
withdraw  the  nomination.  The  legislature  passed  the 
memorial  overwhelmingly.  The  legislature  also  request- 
ed that  Territorial  Delegate  W.  W.  Corlett  help  get  rid 

34 


of  Peck.  Corlett  sent  the  memorial  to  a  judiciary  com- 
mittee member  with  his  comment  that,  "As  the  legisla- 
ture thus  speaks  without  a  dissenting  voice  it  seems  to  me 
the  authorities  here  ought  to  hesitate  before  sending 
Judge  Peck  to  Wyoming  as  judge,  when  he  must  neces- 
sarily be  without  usefulness  to  our  people." 

The  President  and  Senate  disregarded  the  Wyoming 
legislature's  request  and  Peck  was  confirmed  on  Decem- 
ber 14,  1877.  In  retaliation,  the  legislature  "sage- 
brushed"  Peck.  They  passed  a  redistricting  bill  which 
relocated  Peck's  judicial  district  in  the  uninhabited 
northeastern  corner  of  Wyoming.  The  old  Third  District 
was  attached  to  Blair's  Second  District.  At  the  same  time 
Blair  was  given  $1 ,000  and  Fisher  $800  per  year  in  extra 
compensation  to  handle  their  increased  workloads.*' 
This  bill  was  approved  by  Governor  Thayer  in  the  face 
of  nearly  unanimous  support  in  the  legislature.  The  gov- 
ernor's assent  to  the  "sagebrushing"  bill  was  interpreted 
by  the  President  and  the  Senate  as  defiance.  Washing- 
ton's reaction  was  decisive  — Thayer  was  out. 

At  first  Peck  refused  to  yield  to  the  redistricting  and 
sought  to  maintain  possession  of  his  Third  District  court. 
He  was  unsuccessful.  The  judge  reported  to  the  attorney 
general  that  Sheriff  Pepper  locked  him  out  of  the  build- 
ing, threatened  to  shoot  him,  and  escorted  Justice  Blair 
into  the  courtroom  to  act  in  his  stead.  An  affidavit  sub- 
mitted to  the  Senate  Judiciary  Committee  indicated  that 
the  sheriff  refused  to  serve  Peck's  orders  and  threatened 
to  "club  him  and  his  whole  damned  gang  out  of  there"  if 
the  judge  tried  to  hold  court. 

The  judge  left  for  Washington  in  February,  1878,  to 
defend  himself.  Led  by  the  judiciary  committee,  the 
Senate  passed  a  measure  which  voided  the  Wyoming 
act.  But  due  to  Corlett's  faithful  attention  and  hard 
work,  it  failed  in  the  House.  A  scenario  of  federal  au- 
thority versus  territorial  challenge  figured  prominently 
in  the  debates.  An  eastern  Senator  attacked  the  Wyo- 
ming legislature  for  its  defiance  of  Congress: 

It  is  simply  the  question,  presented  in  the  bill  before  us, 
whether    Congress    shall    surrender    to    the    Territory   or  j 

whether  the  Territory  shall  conform,  as  in  time  past,  and  as  I 

in  all  other  Territories  they  have,  to  the  administration  of  I 

the  law  according  to  its  forms  enacted  here."  I 

Former  Justice  Kingman  called  the  Wyoming  legisla- 
ture's action  "a  scandalous  attack  .  .  .  upon  the  indepen- 
dence of  our  judiciary  and  the  sovereignty  of  the  Federal 
government." 

Charges  and  counter  charges  flowed  into  Washing- 
ton from  Wyoming.  The  Wyoming  legislature  kept  pass- 
ing resolutions  and  memorials  on  the  Peck  matter.  One 
resolution  declared  the  judge  suffered  from  "certain  in- 
firmities of  mind."  g| 

A  communication  published  in  the  Salt  Lake  Tri- 
bune, signed  "A  Juryman",  described  Peck's  procedure 
at  Evanston: 

Whenever  the  time  arrived  for  court  to  open  he  was  in-  ■ 

variably  late  .  .  .  There  were  some  exceptions  to  this  rule,  M 


c;  c=>  3_i  3=2  "-r     >-l  <o  i_f  v3  El  , 

^  u  3vi  13 .A>i  >^ c  :e:,  ,  "Wvc 


Crook  County  Court- 
house, Sundance.  Judge 
Peck,  assigned  to  the 
sparcely  populated 
northeastern  corner  of 
the  state,  never  held 
court  there.   The  county 
was  not  organized  until 
1886,  and  court  held  in 
Sundance  in  August, 
1886. 


though  rarely,  and  when  they  did  occur,  woe  befall  the  at- 
torney, witness  or  juror  who  arrived  five  minutes  after  his 
Honor  .  .  .  his  method  of  trial  is  excessively  tedious.  He  as- 
sumes the  duties  of  courts,  counsel  and  jury,  forever  inter- 
rupting lavi^ers  to  ask  questions  himself,  and  if  an  attorney 
who  happens  to  be  a  special  favorite  of  his  (and  there  are 
some  such)  misses  a  good  point,  his  Honor  will  call  his  at- 
tention thereto.  He  invariably  aids  the  prosecution  causes, 
and  no  man  charged  with  any  crime  feels  safe  in  being  tried 
before  him.*' 

Various  polls  were  taken  in  the  Third  District  to 
show  support  for  one  side  or  the  other.  The  hardest 
worker  for  Peck  was  Alf  C.  Lee,  Uinta  County  Clerk, 
who  assembled  a  24-page  "Statement  Supported  by 
Proofs  and  Affidavits."  It  contained  a  list  of  supporters 
who  were  characterized  as  "responsible  taxpayers" 
rather  than  the  "promiscuous  crowds"  that  were  anti- 
Peck.  The  "Statement"  showed  that  the  loudest  com- 
plainers  about  Peck's  cost  to  the  taxpayers  had  not  paid 
"one  quarter  of  a  dollar  of  assessment"  while  Peck  sup- 
porters accounted  for  one -half  of  all  the  taxes  paid  in 
the  county. ^^ 

It  was  not  surprising  to  discover  that  Peck  received 
support  from  the  ministry.  One  of  his  strongest  backers 
was  the  Rev.  F.  L.  Arnold,  pastor  of  the  Presbyterian 
Church  in  Evanston.®' 

Judge  Peck  never  held  court  in  northeastern  Wyo- 
ming, but  he  did  carry  most  of  the  burden  in  the^u- 
preme  Court  during  the  next  four  years.  Since  he  had  no 
district  court  chores,  the  other  two  judges  permitted  him 
to  do  most  of  the  Supreme  Court  work.  During  1878-79 


he  authored  21  of  the  25  opinions  handed  down  by  the 
Court.  The  opinions  he  wrote  fill  269  pages  of  the  Wyo- 
ming Reports  compared  to  85  for  his  associates.  In  gen- 
eral, his  opinions  reveal  solid  legal  analysis  and  refer- 
ence to  legal  authorities. 

Even  with  Peck  safely  out  of  the  Third  District,  the 
controversy  did  not  end.  The  new  governor  appointed  to 
replace  Thayer,  John  Hoyt,  arrived  in  early  summer 
1878.  At  first  he  defended  Peck  but  in  November,  1879, 
he  wrote  the  President  that  he  believed  that  opposition 
was  so  strong  that  "the  best  interests  of  all  parties  con- 
cerned would  be  promoted  by  the  assignment  of  the 
judge  to  some  other  field  of  labor  .  .  .  His  voluntary  re- 
tirement, or  his  appointment  to  another  post,  would  put 
a  final  end  to  bitter  feuds  and  partisan  strife  in  all  parts 
of  the  Territory  ..."  This  letter  may  have  been  what 
prompted  the  nomination  of  Peck  to  an  associate  judge- 
ship in  the  New  Mexico  Territory  in  1880.  The  attempt 
to  get  rid  of  Peck  did  not  succeed  because  the  New  Mex- 
ico leaders  heard  of  Peck's  trouble  in  Wyoming  and 
blocked  his  confirmation. 

In  1881  Peck  applied  for  a  position  on  the  U.  S. 
Court  of  Claims.  A  written  statement  supporting  Peck 
for  this  position  was  signed  by  all  the  territorial  lawyers 
except  one  and  contained  the  following  descriptive  lan- 
guage, "...  the  ability,  integrity  and  learning  brought 
by  you  to  the  judicial  office  .  .  .  dignity  and  courtesy  of 
bearing,  diligent,  accuracy,  fidelity,  and  courage  .  .  ." 
Former  Judge  Fisher  gave  a  true  picture  of  the  motives 


35 


behind  these  laudatory  statements  in  a  letter  to  the  U.  S. 
Attorney  General. 

I  do  not  believe  that  a  single  member  of  the  bar  in  this 
territory  desires  the  return  of  Judge  Peck  to  his  present  posi- 
tion and  it  was  only  with  the  hope  of  getting  rid  of  him  that 
the  letter  which  was  signed  was  gotten  up. 
Peck  was  not  appointed  to  the  Court  of  Claims  and, 
as  his  judicial  term  ended,  petitions  were  circulated 
against  him.  He  was  not  reappointed;  in  January,  1882 
he  ceased  to  be  a  judge.  Peck  remained  in  Wyoming  for 
ten  years,  engaged  in  private  practice,  and  eventually 
got  some  measure  of  revenge  against  his  enemies.  He 
had  succeeded  in  getting  Governor  Thayer  removed  in 
May,  1878.  After  his  term  ended  he  wrote  to  the  At- 
torney General  to  criticize  the  other  members  of  the 
bench.  He  wrote  of  Judge  Blair,  "The  Judge  of  the  Sec- 
ond District  lazy,  ignorant,  frivolous,  and  pro- 
fane has  been  the  buffoon  of  the  Court  for  the  last 
twelve  years."  Peck  described  a  successor  to  the  court  as 
"without  talent,  poorly  read,  ill-trained  and  unbalanced 
in  professional  development  below  his  years  (and  they 
are  but  28),  a  judicial  crudity  — is  profane,  given  to  low 
intimacy  and  a  frequenter  of  saloons." 

Peck's  sweetest  revenge  came  in  1889  when  he  suc- 
essfuUy  blocked  the  appointment  of  W.  W.  Corlett  as 
Chief  Justice  of  the  territorial  court.  It  was  Corlett  who 
had  done  the  work  in  Washington  that  allowed  the 
Wyoming  "Sagebrush"  Act  to  remain  in  effect.  Peck 
supplied  the  President  with  damaging  evidence  of  Cor- 
lett's  temporary  defection  from  Republicanism  in  1884. 
At  that  time  Corlett  supported  Cleveland  over  Blaine 
and  said  so  in  no  uncertain  way.  Corlett  wrote  a  letter  to 
a  Democratic  leader  supporting  Cleveland  and  de- 
scribed the  Republican  Blaine  as  a  "plumed  poppy- 
cock" and  a  "historical  humbug." 

Peck  also  attacked  Francis  E.  Warren.  Five  days 
after  Warren's  inauguration  as  governor,  an  unsigned 
article  appeared  in  the  New  York  Times  charging  the 
governor  with  illegal  enclosures  of  government  land. 
This  was  followed  in  June  by  three  more  letters  on  the 
same  theme,  but  in  these  letters  the  writer  revealed  him- 
self as  former  Justice  Peck.  He  stated  that  the  governor 
had  committed  fraud  in  acquiring  his  large  holdings  in 
Wyoming.  Peck  described  the  "mammoth  enclosures"  of 
Warren  Livestock  Company  as  "mammoth  evils"  and 
charged  that  the  firm's  appetite  for  territory  was  "abso- 
lutely insatiable.  .  .  .  The  chief  and  head  and  front  of 
this  offending,  of  this  stupendous  system  and  practice  of 
oppressiveness  and  wrong  is  the  Governor  of  Wyoming, 
sworn  to  obey  an  Act  of  Congress,  which  he  audaciously 
defies."**  The  result  was  that  Peck  lost  the  position  he 
held  as  assistant  U.S.  Attorney  General  and  returned  to 
New  York  City. 

Aside  from  these  political  problems,  what  kind  of 
judge  was  Peck?  A.  C.  Campbell  was  an  intimate  of 
Judge  Peck  and  gave  his  personal  view  of  him: 


William  Ware  Peck  was  a  finished  scholar,  finely  cultured 
and  widely  read.  His  memory  was  a  marvel.  He  could  quote 
correctly  lengthy  passages  from  the  Old  Testament  and 
from  the  New.  He  could  name  offhand  Dickens'  leading 
characters.  He  could  repeat  pages  of  Scott's  poems.  He 
could  reproduce  striking  sentences  from  Webster's  speeches 
and  from  the  opinions  of  Marshall,  Taney  and  of  Story. 
Owing  to  his  impaired  eyesight  I  frequently  assisted  Judge 
Peck  in  preparing  briefs.  That  is  to  say,  I  would  read  to 
him  decisions  applicable  to  the  questions  involved  .  .  . 
When  I  had  finished  reading  an  opinion  he  would  discuss 
and  dissect  the  same.  His  analysis,  comments,  and 
sometimes  criticisms  were  an  education  and  revelation  to 
me." 

A  Democratic  leader  and  attorney,  William  R. 
Steele,  gave  his  assessment  of  Peck,  "an  honorable,  con- 
scientious gentleman,  a  good  lawyer,  and  I  believe  an 
able  judge."  Former  Justice  Kingman  wrote  that  Peck 
was  a  "keen,  well  read  lawyer,  an  industrious,  painstak- 
ing student,  and  a  clear-headed  incorruptible,  fearless 
judge.  " 

Two  sympathetic  but  clear-sighted  contemporaries 
illuminate  how  sagebrushing  could  happen  to  a  judge 
despite  these  qualities.  In  Laramie,  newspaper  editor 
Hayford  said  Peck  was  a  victim  of  "senseless 
persecution"  but  acknowledged  "that  he  is  a  little  too 
old  fogeyish  and  puritanic  for  this  latitude,  and  he  let 
these  traits  manifest  themselves  in  a  way  that  excited 
prejudice  and  hostility  in  the  minds  of  the  free  and  easy 
Western  people."  A.  C.  Campbell  noted  that,  "Al- 
though a  learned  lawyer,  as  a  trial  judge  Peck  was  not  a 
success.  Like  Charles  Sumner,  whom  he  greatly  ad- 
mired, he  was  an  idealist  hence  unfitted  for  a  judicial 
position  in  a  frontier  community."  In  sum.  Peck's  down- 
fall resulted  from  his  inability  to  adapt  to  the  different 
ways  of  the  Western  frontier. 

In  1882  Samuel  C.  Parks  was  sent  to  take  Peck's 
position  on  the  bench.  Parks  was  born  in  Vermont  in 
1820  and  moved  to  the  Midwest  early  in  life.  A  boyhood 
friend  of  Abraham  Lincoln,  Parks  graduated  from  In- 
diana State  University  in  education.  He  went  on  to 
receive  an  A.M.  degree  from  Illinois  State  University 
and  was  a  school  commissioner  for  two  years.  He  assisted 
in  the  convention  of  1860  when  Lincoln  was  nominated 
for  the  presidency. 

Lincoln  appointed  Parks  associate  justice  of  the 
Idaho  territory  in  1862  where  he  held  the  first  courts  in 
Idaho  after  its  organization  as  a  territory.  He  returned 
to  Illinois  to  participate  in  the  Illinois  Constitutional 
Convention  of  1870.  In  1878  President  Hayes  appointed 
him  associate  justice  of  the  New  Mexico  Territorial  Su- 
preme Court.  In  1882  he  was  transferred  at  his  own  re-  | 
quest  to  the  Wyoming  bench  where  he  served  until  1886. 
He  later  moved  to  Kansas  and  Ohio,  always  serving  in 
some  court-related  position. 

In  1879  President  Hayes  appointed  Judge  James  B. 
Sener  as  Chief  Justice  to  replace  Fisher.  Sener  was  born 


36 


in  1837  in  Fredericksburg,  Virginia.  A.  C.  Campbell 
notes  he  "was  a  Virginian  but  not  of  a  'first  family.'" 
Sener  attended  private  schools  and  graduated  from  the 
University  of  Virginia  and  then  from  Washington  and 
Lee  College  in  law.  He  practiced  law  in  Fredericksburg 
where  he  also  served  as  sheriff  and  as  sergeant  in  the  ear- 
ly 1860s.  He  was  a  Confederate  and  although  never  a 
soldier  he  did  act  as  an  army  correspondent  for  the 
Southern  Associated  Press  with  Lee's  army. 

After  the  Civil  War  ended  he  became  a  "scalawag" 
and  was  elected  to  the  House  of  Representatives  as  a  Re- 
publican. He  was  then  appointed  Chief  Justice  for  the 
Territory  of  Wyoming.  Campbell  described  Sener  as 
"uncultured,  but  not  uneducated.  Nature  had  not 
moulded  him  to  shine  in  a  drawing  room,  nor  to  add 
dignity  to  the  bench." 

The  downfall  of  Sener  came  when  the  Federal  gov- 
ernment instituted  proceedings  against  unlawful  fencing 
in  1883.  The  U.S.  attorney  brought  suit  against  Alexan- 
der H.  Swan,  one  of  the  largest  ranchers  in  Wyoming, 
and  won  the  suit  before  Judge  Sener.  He  then  brought 
suit  in  December,  1883,  against  John  Hunton  and  H.  B. 
Kelly,  both  prominent  members  of  the  ranching  com- 
munity. In  retahation  for  his  rulings,  influential  cattle- 
men blocked  Sener 's  reappointment  in  1884. 

John  C.  Perry  of  Brooklyn,  New  York,  had  been  ap- 
pointed and  commissioned  to  succeed  Sener  but  he  died 
suddenly  at  his  home  before  serving  even  a  day.  The 
man  who  replaced  Sener  as  Chief  Justice  became  one  of 
Wyoming's  most  prominent  and  respected  members  of 
the  bar,  John  W.  Lacey.  Lacey  was  born  in  Indiana  in 
1848.  At  age  15  Lacey  enlisted  in  the  Indiana  Infantry 
and  served  in  different  capacities  until  the  end  of  the 
war.  He  graduated  with  a  B.A.  and  an  M.A.  from 
DePauw  University,  and  taught  math  at  Quincy  Col- 
lege. Lacey  was  a  principal  at  three  schools  while  he 
studied  law  under  Isaac  Van  Devanter.  He  was  admitted 
to  the  Indiana  Bar  in  1876  and  married  Van  Devanter's 
daughter  in  1878.  Lacey  had  a  successful  law  practice 
established  when  he  was  appointed  Chief  Justice  by 
President  Arthur  in  1884. 

He  served  as  Chief  Justice  for  two  years  when  he  re- 
signed to  take  up  private  practice.  He  was  considered  by 
his  contemporaries  to  be  a  competent  jurist  and  was  well 
respected  by  the  legal  profession.  He  is  often  called  the 
"Nestor"  of  the  Wyoming  Bar.  His  law  firm  in  Wyoming 
was  composed  of  the  top  lawyers  in  the  state.  He  first 
went  into  partnership  with  W.  W.  Corlett,  whom 
Campbell  and  others  refer  to  as  the  most  brilliant  Wyo- 
ming lawryer,  and  John  A.  Riner.  Four  years  later,  Cor- 
lett died,  and  soon  after,  John  A.  Riner  was  appointed 
the  first  federal  judge  for  the  District  of  Wyoming,  It 
was  then  that  Judge  Lacey  went  into  association  with  his 
brother-in-law,  Willis  Van  Devanter,  later  United  States 
Supreme  Court  Justice. 


Judge  Lacey  was  allied  with  politically  powerful  men 
in  Wyoming  and  often  represented  the  interests  of  the 
cattlemen.  In  1889  Lacey  represented  the  six  cattlemen 
who  had  been  charged  with  the  lynching  of  James  Ave- 
rill  and  Ella  "Cattle  Kate"  Watson.  "Cattle  Kate"  was 
the  only  woman  ever  hanged  in  Wyoming,  legally  or  il- 
legally, so  this  lynching  received  much  publicity.'" 

In  1892  Lacey  and  his  partner,  Van  Devanter,  rep- 
resented wealthy  cattlemen  in  the  aftermath  of  the 
"Johnson  County  War."" 

In  1903,  Lacey  and  a  roster  of  famous  lawyers,  as 
well  as  a  new,  young  attorney,  T.  Blake  Kennedy, 
defended  the  infamous  Tom  Horn  against  the  charge  of 
the  murder  of  a  14-year-old  boy.  Tom  Horn  was  well 
known  as  a  "hired  gun"  throughout  the  West.  Their 
work  was  to  no  avail  and  Horn  was  hanged. 

Judge  Kennedy  in  his  memoirs  gave  his  estimation  of 
John  W.  Lacey  when  he  wrote: 

Although  possessed  of  a  fine  analytical  mind,  his  outstand- 
ing success  was  undoubtedly  chiefly  attributable  to  his  un- 
faltering energy  and  supreme  devotion  to  his  chosen  profes- 
sion. His  grasp  of  legal  questions  and  his  discerning  mind  in 
aligning  authorities  to  sustain  his  contentions,  distin- 
guished him  as  a  powerful  and  brilliant  advocate  .  .  .  He 
came  to  be  known  and  rightfully  so  as  the  Nestor  of  the 
Wyoming  bar. 

Judge  Lacey  recognized  his  "specialty"  by  stating, 
"If  there  is  anything  I  have  as  a  lawfyer,  it  is  a  nose  for 
authorities." 

In  1886  upon  the  resignation  of  Lacey,  President 
Cleveland  appointed  William  L.  Maginnis.  Maginnis 
was  born  in  1854  in  Zanesville,  Ohio,  and  educated  in 
the  public  schools  and  colleges  there.  Maginnis  was  only 
32  years  old  when  he  was  named  to  the  bench.  He  was 
assigned  to  the  first  judicial  district.  Campbell  com- 
ments that  he  was  "Perhaps  the  youngest  of  the  territori- 
al judges,  undoubtedly  one  of  the  brightest.""  He  was 
only  judge  until  1889  when  he  was  removed.  A  U.  S. 
Senate  memorandum  noted  that  Maginnis  "was  a  hard 
drinker."  But  there  is  evidence  to  indicate  that  political 
factors  played  a  major  role  in  his  removal.  He  moved  to 
Utah  and  served  as  assistant  U.  S.  Attorney  of  Utah  dur- 
ing Cleveland's  second  term.  He  died  in  Utah. 

The  same  year  Maginnis  was  appointed,  Samuel  T. 
Corn  succeeded  Judge  Parks.  Corn  was  born  in  1840  in 
Kentucky.  He  graduated  from  Princeton  and  read  law 
in  Kentucky.  He  moved  to  Illinois  and  was  elected  state 
attorney  in  1872.  Corn  was  a  Democrat.  He  came  to 
Wyoming  in  1886  to  accept  an  appointment  from  Presi- 
dent Cleveland  to  serve  on  the  Wyoming  Territorial  Su- 
preme Court.  He  served  until  June,  1890.  After  prac- 
ticing law  in  Evanston  for  several  years,  he  was  a  Justice 
of  the  Wyoming  Supreme  Court  from  1894-1905  and 
Chief  Justice  in  1903-1905.  He  died  in  Utah,  January  28, 
1925. 

When  Justice  Blair's  last  term  expired  in  1888, 
Micah  C.  Saufley  was  appointed  by  President  Cleveland. 


37 


Saufley  was  bom  in  1842  in  Kentucky  and  enlisted  as  a 
private  in  the  Confederate  Army  at  the  outbreak  of  the 
war.  He  studied  law  in  Kentucky  and  began  practicing 
in  1866.  He  was  a  member  of  the  Democratic  Party  and 
was  a  presidential  elector  in  1880. 

When  he  came  to  Wyoming,  he  spoke  of  his  exploits 
as  a  member  of  "Morgan's  guerrillas."  He  also  accused 
veterans  of  belatedly  discovering  war-related  disabilities 
to  qualify  for  pensions.  A  loud  clamor  arose  from  the 
Civil  War  veterans  urging  President  Harrison  to  remove 
Judge  Saufley  who  was  characterized  as  the  "irrepentant 
guerrilla. "^^ 

Judge  Saufley  had  a  chance  to  use  some  of  his  "guer- 
rilla" expertise  when  he  ventured  north  to  hold  court  in 
Buffalo.  A  pioneer  lawyer  and  later  clerk  of  court  in 
Buffalo,  T.  P.  Hill,  provided  the  tale.'"  On  June  28, 
1888,  the  first  day  of  the  term,  the  courthouse  was  well 
filled.  In  the  first  row  sat  "an  errant,  disorderly  crew  ob- 
viously bent  on  disturbing  and  heckling  the  Court." 
When  the  judge  entered  "straight  and  erect  in  his  long, 
black  frock  coat,  and  of  more  than  average  height  .  .  . 
with  a  huge  moustache  and  heavy  goatee  type  beard," 
all  in  the  courtroom  arose  except  the  front  row  boys. 
They  proceeded  to  laugh  and  cat  call.  Judge  Saufley 
"struck  a  resounding  blow  with  his  gavel  and  thundered, 
'On  your  feet  out  there,  and  quick.'  They  stood  and  he 


TERRITORIAL  DISTRICT  JUDGES  AND  TERMS  IN  THE 

JUDICIAL  DISTRICT  TO  WHICH  EACH  WAS  ASSIGNED 

May,  1869  -  October  11,  1890 

FIRST  DISTRICT 

Judge 

Term 

Howe  .... 

May  25,  1869-October  14,  1871 

October  14,  1871-December  18    1879 

Sener  .... 

December  18,  1879 July  5,  1884 

Lacey  .... 

July  5,  1884-November  8,  1886 

Maginnis  . 

November  8,  1886-October  1,  1889 

Devanter  . 

October  1,  1889-October  11,  1890 

SECOND  DISTRICT 

Judge 

Term 

Jones    .... 

June  13,  1869-December  10,  1869 

Kingman  . 

December  10,  1869-March  20,  1873 

Thomas  .  . 

March  20,  1873-December  31,  1875 

Carey  .... 

December  31,  1875-February  14,  1876 

Blair    .... 

February  14,  1876-April  23,  1888 

Saufley  .  .  . 

April  23,  1888-October  11,  1890 

THIRD  DISTRICT 

Judge 

Term 

Kingman  . 

June  22,  1869-December  10,  1869 

Jones    .... 

December  10,  1869-February  8,  1871 

Fisher  .... 

February  8,  1871-October  14,  1871 

Carey  .... 

January  18,  1872-December  31,  1875 

Thomas  .  . 

December  31,  1875-December  14,  1877 

Peck 

December  14,  1877  January  11,  1882 

Parks   

January  11,  1882-April  14,  1886 

Corn    .... 

April  14,  1886  June  21,  1890 

Conaway  . 

June  21,  1890-October  11,  1890 

continued  by  saying,  'I'll  fine  anyone  or  all  of  you  in  con- 
tempt of  court  for  another  show  of  disrespect.  And  all 
the  fines  will  be  collected,  so  help  me.'  "  This  speech  had 
the  desired  effect  and  court  business  proceeded. 

But  that  was  not  the  end  of  it.  As  Judge  Saufley  re- 
turned to  his  hotel,  he  was  met  at  the  entrance  by  the 
same  miscreants  who  were  now  wearing  guns.  Unknown 
to  them,  the  judge  was  packing  a  pearl-handled  Colt 
.45.  "The  boys  were  noticeably  chagrined  when  he 
pushed  back  his  long  frock  coat  with  his  right  hand  and 
grasped  the  weapon  with  a  meaning  they  understood. 
Without  a  word,  they  moved  on. "'^  Judge  Saufley  was 
not  molested  again  in  Buffalo. 

After  statehood  came  and  his  position  ended,  Sau- 
fley returned  to  the  life  of  a  Kentucky  lawyer  and,  later, 
a  state  circuit  judge. 

The  judge  with  the  shortest  period  of  service  was 
Asbury  B.  Conaway.  He  was  appointed  by  President 
Harrison  June  21,  1890,  and  served  until  October  II, 
1890.  He  was  born  in  Illinois  in  1837  and  graduated 
from  Iowa  Wesleyan  University  with  an  LL.B.  in  1860. 
Two  years  later  he  enlisted  in  the  Iowa  Volunteer  Infan- 
try, reaching  the  rank  of  captain.  He  was  elected  to  the 
Iowa  legislature  and  in  1868  moved  to  Wyoming,  living 
first  in  Wyoming's  gold  mining  area,  South  Pass  City. 
He  moved  to  Green  River  in  1869  where  he  became 
county  attorney  for  Sweetwater  County. 

Judge  Conaway  was  a  participant  in  the  Constitu- 
tional Convention  and  spoke  favorably  on  the  question 
of  women's  suffrage: 

From  my  earliest  recollection  I  have  been  as  a  boy,  and  as  a 
man,  in  favor  of  woman's  rights.  Before  that  question  took 
the  form  of  the  question  as  to  the  right  of  suffrage,  in  my 
own  childish  and  boyish  mind,  I  had  wondered  why  it  was 
that  any  woman  upon  whom  the  necessity  of  self-support 
was  imposed  by  circumstances,  when  that  class  of  women 
did  the  same  work  that  a  man  did,  and  did  it  equally  well, 
why  they  did  not  receive  the  same  compensation.  I  was 
always,  as  a  boy  and  as  a  man,  a  woman's  rights  boy  and  a 
woman's  rights  man  upon  that  question.  And  in  reflecting 
upon  that  it  seemed  to  me  that  to  deprive  women  of  the 
right  of  suffrage,  of  the  right  to  vote,  of  the  right  of  express- 
ing their  opinion  in  that  way  upon  public  questions,  might 
have  something  to  do  with  it,  and  these  considerations, 
which  appealed  to  my  sense  of  justice  as  a  boy,  are  stronger 
today  than  they  were  then.  It  is  claimed  that  a  woman  who 
does  the  same  work  as  a  man  does  not  require  or  expect  the 
same  compensation,  but  I  say,  give  her  the  opportunity  to 
have  a  voice  in  these  questions.™  ^ 

He  was  elected  to  the  State  Supreme  Court  in  Sep- 
tember, 1890,  and  served  as  associate  justice  until  1897, 
when  he  was  elected  chief  justice,  a  position  he  held  only 
briefly  until  his  death  in  December,  1897. 

Willis  Van  Devanter  was  Wyoming's  "representa- 
tive" on  the  United  States  Supreme  Court.  Late  in  1889 
President  Harrison  appointed  Van  Devanter  to  replace 
Maginnis  on  Wyoming's  high  court. 


Uinta  County  Courthouse  (above)  is  still  in  use.    The  first  Laramie  County  Courthouse  (below)  was  used  from 
1874-1912. 


39 


Van  Devanter  was  born  in  Indiana  in  1859.  His 
father  Isaac,  a  lawyer,  was  an  outspoken  abolitionist. 
Originally  Van  Devanter  wanted  to  be  a  farmer,  but  his 
father  persuaded  him  otherwise.  He  graduated  from 
Depauw  University  (at  that  time  Asbury),  received  a  law 
degree  from  the  University  of  Cincinnati  Law  School 
and  practiced  law  with  his  father  and  John  W.  Lacey. 
He  and  Lacey  left  Indiana  when  Isaac  retired.  Van  De- 
vanter was  25  and  had  been  married  less  than  a  year 
when  he  left  Indiana  for  the  Territory  of  Wyoming.  He 
described  his  impression  of  early  Wyoming  legal  prac- 
tice 50  years  later  by  saying,  "The  Wyoming  Bar  was 
strong  because  the  drones  didn't  come  this  way  and 
those  with  any  pronounced  weaknesses  didn't  live  long. 
Wyoming  had  no  system  of  jurisprudence  and  as  a  result 
drew  on  the  whole  line  of  the  best  decisions. "'' 

Van  Devanter  practiced  law  statewide,  traveling  by 
stagecoach  and  horseback  to  plead  cases.  He  soon  repre- 
sented railroad,  land  and  cattle  interests.  His  earliest 
work  was  with  the  growing  cattle  companies,  in  particu- 
lar. Swan  Land  and  Cattle  Company,  one  of  the  largest. 
After  two  disastrous  winters  had  hit  the  Wyoming 
plains,  the  big  cattle  business  was  virtually  wiped  out  in 
Wyoming.  The  Swan  Company  went  into  bankruptcy 
with  Van  Devanter  acting  as  receiver.  He  became  well- 
known  throughout  Wyoming  because  of  his  work  for 
Swan  and  several  smaller  cattle  operations  during  the 
hard  times.'* 

In  1886  Governor  Warren  appointed  him  to  the 
commission  to  prepare  the  Revised  Statutes  of  1887. 
These  laws  were  largely  modeled  on  the  statutes  of  Ohio 
which  Van  Devanter  had  studied  while  in  law  school  in 
Cincinnati.  Van  Devanter  drew  up  the  enabling  legisla- 
tion for  the  Capitol  Building  and  the  University  of  Wyo- 
ming. In  later  years,  he  spoke  with  pride  of  the  role  he 
played  in  the  creation  of  the  University  of  Wyoming. 

In  October  1886  he  was  elected  a  Republican  dele- 
gate to  the  territorial  legislature.  Van  Devanter  was 
Republican  leader  in  the  legislature. 

In  1887  Mayor  C.  W.  Riner  named  Van  Devanter 
Cheyenne  city  attorney.  In  the  same  year.  Van  Devanter 
formed  a  partnership  with  noted  Wyoming  jurist 
Charles  N.  Potter.  Potter  was  a  Wyoming  Supreme 
Court  Justice  from  1891  until  his  death  in  1927.  His 
partnership  with  Van  Devanter  lasted  until  1889,  long 
enough  to  make  their  firm  one  of  the  most  successful  in 
the  state. 

Accusations  of  fencing  government  land  forced 
Warren  from  office  and,  later,  his  successor.  Governor 
George  Baxter.  A  Democrat,  Thomas  Moonlight,  was 
appointed.  His  determination  to  break  the  hold  of  the 
"cattle  barons"  resulted  in  antagonism  between  Moon- 
light and  the  legislature.  During  this  time,  Van  Devan- 
ter "faced  off  with  the  governor  on  many  occasions  and 
continued  in  his  position  as  the  acknowledged  leader  of 
the  Republicans. 


In  1889  President  Harrison  reappointed  Warren  as 
governor.  Democrat  Maginnis  was  the  Chief  Justice  of 
the  Wyoming  Supreme  Court.  The  Republicans  wanted 
him  out  and  Van  Devanter  in.  Maginnis  was  forced  from 
office. 

Van  Devanter  was  30  years  old  when  he  assumed  the 
responsibilities  of  Chief  Justice  of  the  Wyoming  Terri- 
torial Supreme  Court.  Because  of  his  youth,  the  wisdom 
of  his  appointment  was  questioned.  He  soon  established 
a  reputation  for  judicial  fairness  and  ability  which  be- 
came more  than  local. 

From  the  first  meeting  of  district  court  late  in  Octo- 
ber, the  cases  Van  Devanter  handled  were  the  typical 
mixture  of  the  routine  and  the  dramatic.  The  grand  jury 
in  that  first  term  handed  down  indictments  in  a  knifing 
case,    grand    larceny,    cattle    rustling    and    attempted 
murder.  Van  Devanter  became  known  for  his  lectures 
from  the  bench.  The  newspapers  described  his  talks  as 
"kindly",  "fatherly",  "quite  plain",  "timely",  and  simply 
"good    advice."    In    larceny   cases   he   was   particularly 
severe  since  he  believed  that  the  West  was  a  land  of  op- 
portunity for  every  man.    "No  one  physically  able  to 
work,"  he  told  a  convicted  thief,  "need  steal  in  Chey- 
enne. "'^  Several  years  after  he  left  the  bench  he  de- 
scribed this  phase  of  his  career  to  Francis  E.  Warren: 
When  Chief  Justice  of  the  Territory,   I  by  virtue  of  that 
position  also  held  the  District  Courts  in  the  First  District. 
During  that  time  many  important  civil  and  criminal  cases 
were  tried  before  me  and  no  appeal  from  my  decision  was 
ever  taken  in  a  criminal  case,  although  I  sentenced  a  great 
many  offenders  from  murder  down.   In  civil  cases  there 
were  perhaps  a  dozen  appeals,  but  my  decision  was  af- 
firmed in  every  case  ...  In  this  respect  my  record  is  better 
than   that  of  any  Territorial  judge,   not  even  excepting 
Lacey.'" 

In  1890  statehood  came  to  Wyoming  and  with  it  the 
end  of  Van  Devanter  s  job  as  territorial  chief  justice. 
Van  Devanter,  H.  V.  B.  Groesbeck  and  Asbury  Con 
away  were  selected  as  the  Republican  candidates  for  the 
Wyoming  Supreme  Court.  Republicans  won  every  office 
in  the  new  state.  One  month  after  the  election.  Van 
Devanter  and  his  fellow  justices  drew  lots  to  decide  the 
length  of  their  terms,  which  were  staggered,  and  to  see 
who  would  be  chief  justice.  Van  Devanter  declared  that 
if  he  didn't  draw  the  short  term  he  would  not  serve.  He 
drew  the  short  term  and  the  position  as  chief  justice. 
Four  days  later  he  resigned  anyway,  presumably  to  earn 
more  money  in  private  practice.  The  judicial  salary  was 
still  only  $3,000.  Probably  his  name  was  used  to 
strengthen  the  Republican  ticket  and  assure  it  of  vic- 
tory. Governor  Warren  also  resigned  a  few  days  after  his 
election  and  became  United  States  Senator  from  Wyo- 
ming. 

Van  Devanter  continued  his  close  association  with 
Warren.  He  has  been  called  "Warren's  perfect  lieuten- 
ant." He  enjoyed  hard  work,  had  a  bright  intellect  and 
was  equally  skilled  at  drafting  legal  documents,  arguing 


40 


orally  in  court  and  campaigning  and  "politicking."*' 
From  1890  to  1897  Warren  and  Van  Devanter  were  an 
efficient  team.  Both  owed  some  of  their  success  to  the 
other. 

After  his  resig[nation  from  the  bench,  Van  Devanter 
continued  to  practice  law  in  Cheyenne,  establishing  a 
partnership  with  his  brother-in-law,  John  W.  Lacey. 
They  represented  the  interests  of  the  cattlemen  and  the 
Union  Pacific  Railroad. 

From  1892  to  1895  Van  Devanter  served  as  chair- 
man of  the  Republican  State  Committee,  and  in  1896  he 
was  a  delegate  to  the  National  Republican  Committee. 
In  1897  Van  Devanter  went  to  Washington,  D.C.,  where 
he  became  the  assistant  Attorney  General  for  the  De- 
partment of  the  Interior.  At  this  same  time  he  also  be- 
came a  Professor  of  Law  at  what  later  became  George 
Washington  University. 

In  1903  he  was  selected  to  become  a  justice  on  the 
Eighth  Circuit  Court  of  Appeals.  In  1910,  after  seven 
years  on  the  bench,  Van  Devanter  was  appointed  to  the 
United  States  Supreme  Court  by  President  Taft.*^ 
Justice  Van  Devanter  served  for  27  years  on  the  Supreme 
Court.  He  authored  few  of  the  celebrated  opinions  that 
caused  the  clash  between.  President  Roosevelt  and  the 
Supreme  Court,  but  he  worked  on  areas  of  the  law 
where  he  had  the  expertise  his  brethren  did  not  pos- 
sess—water rights,  land  law,  Indian  law  and  federal  pro- 
cedure. 

Justice  Van  Devanter  resigned  from  the  Supreme 
Court  in  May,  1937,  a  move  which  helped  to  defuse 
Roosevelt's  campaign  to  enlarge  the  highest  court.  The 
departure  of  one  of  the  "old  men"  on  the  court  reduced 
the  momentum  of  the  President's  campaign.  Within 
three  hours  after  his  retirement,  the  Senate  Judiciary 
Committee  voted  10-8  against  the  Roosevelt  bill.  Van 
Devanter  was  78  when  he  retired,  but  he  went  on  to 
serve  as  a  trial  judge  in  the  Southern  District  of  New 
York  in  1938.  He  died  in  1941.  He  was  the  only  U.  S.  Su- 
preme Court  justice  ever  appointed  from  Wyoming. 

(In  the  next  issue  of  Annals,  the  history  of  U.  S. 
District  judges  for  the  district  of  Wyoming  will  be  told). 


1.  W.  W.  Corlett,  The  Founding  of  Cheyenne,  (Unpublished  man- 
uscript, 1885),  collections  of  the  Wyoming  State  Archives,  Mu- 
seums and  Historical  Department. 

2.  T.  A.  Larson,  History  of  Wyoming,  (Lincoln:  University  of  Ne- 
braska Press,  1965),  p.  47. 

3.  Ibid.,  p.  231. 

4.  Ibid.,  pp.  230-231. 

5.  Ibid.,  p.  65. 

6.  Frontier  Index,  (Green  River  City),  August  11,  1868. 

7.  Earl  S.  Pomeroy,  The  Territories  and  the  United  States, 
1861-1890,  (Philadelphia:  University  of  Pennsylvania  Press, 
1947),  p.  51. 

8.  A.  C.  Campbell,  "Fading  Memories,"  Annals  of  Wyoming,  Jan- 
uary, 1943,  pp.  38-39. 


9.   John  D.  W.  Guice,  The  Rocky  Mountain  Bench,  (New  Haven: 
Yale  University  Press,  1972),  p.  13. 

10.  American  Insurance  Company  v.  Canter,  1  Peters  511,  26  U.  S. 
511  (1828). 

11.  House  Reports,  (48    Cong.,  1  Sess.)  No.  254,  p.  2. 

12.  Guice,  p.  39. 

13.  Ibid.,  p.  41. 

14.  Letter,  Moonlight  to  Lamar,  November  11,  1887,  Moonlight 
Letterpress  Book,  Wyoming  State  Archives,  Museums  and  His- 
torical Department. 

15.  Pomeroy,  p.  36. 

16.  Guice,  p.  45. 

17.  Examples  include:  U.P.P.R.  v.  Hause.  1  Wyo.  27  (1871); 
McBnde  v.  U.P  PR  ,  3  Wyo.  183  18  P. 635  (1888);  UP  PR  v. 
Carr,  1  Wyo.  96  (1872).  For  cases  involving  personal  injury, 
eminent  domain  matters,  tax  questions  and  damages  resulting 
from  fires  set  by  locomotives. 

18.  Ketchum  v.  Davis,  3  Wyo.  164,  13  P.  15  (1887). 

19.  U.  S.  V.  Douglas- William  Sartoris  Co.,  3  Wyo.  287,  22  P.  92 
(1889). 

20.  Phillip  V.  The  Territory  of  Wyoming,  1  Wyo.  82  (1872) 
(murder);  Hamilton  v.  The  Territory  of  Wyoming,  1  Wyo.  131 
(1873)  (keeping  a  lewd  house);  Fern  v.  The  Territory  of  Wyo- 
ming, 1  Wyo.  380  (killing  a  horse). 

21.  John  W.  Kingman,  "Autobiography",  Annals  of  Wyoming, 
July,  1942,  p.  224. 

22.  Letter,  Howe  to  Attorney  General  E.  R.  Hoar,  May  22,  1870, 
Wyoming  Attorney  General  Papers,  Wyoming  State  Archives, 
Museums  and  Historical  Department. 

23.  Kingman,  p.  224. 

24.  Hecht  v.  Baughten,  2  Wyo.  385,  392  (1881). 

25.  H.  H.  Bancroft,  History  of  Nevada,  Colorado  and  Wyoming, 
1540-1888,  (San  Francisco:  The  History  Co.,  1890),  p.  741. 

26.  Larson,  p.  78.  See  also.  Dr.  T.  A.  Larson,  "Wyoming's  Contri- 
bution to  Regional  and  National  Women's  Rights  Movement," 
Annals  of  Wyoming,  Spring,  1980,  pp.  2-15. 

27.  A  member  of  one  of  Kingman's  early  juries  described  his  service 
on  the  jury; 

Court  we  held  in  Lockeridges'  billiard  hall,  the  bar  and 
billiard  tables  were  removed  .  .  .  Early  in  the  term  a  jury  was 
secured  in  a  felony  case,  the  defendant  was  charged  with  as- 
saulting a  man,  hitting  him  over  the  head  with  a  revolver  and 
threatening  to  kill  him.  The  case  went  to  the  jury  at  noon  and 
several  ballots  were  taken  without  a  verdict.  The  "jury  room" 
had  several  card  tables  equipped  with  cards  and  chips.  The 
foreman,  a  Scotchman  named  "Uncle  Bobby  Reid  "  discovered 
the  cards  and  exclaimed,  "Come,  boys,  bide  a  bit  with  the 
voting;  we  will  have  a  game  of  cards.  "  Card  playing  commenced 
and  went  on  continually  during  the  afternoon  with  an  occa- 
sional interruption  for  a  ballot.  The  judge  was  located  in  the 
next  room  behind  a  thin  partition  of  wood  and  muslin.  About 
6:30  p.m.  the  Sheriff  was  ordered  by  the  court  to  bring  in  the 
jury.  When  they  came  in,  Kingman  turned  to  the  clerk  and  said, 
"Mr.  Clerk,  enter  up  a  fine  of  two  dollars  each  against  this  jury 
for  trying  to  arrive  at  a  verdict  by  playing  cards.  Mr.  Sheriff, 
they  will  stand  committed  until  the  fine  is  paid.  John  C.  Friend, 
"Early  History  of  Carbon  County,"  Annab  of  Wyoming,  July, 
1943,  p.  280,  284-285. 

28.  Kingman,  p.  221. 

29.  Kingman,  p.  225. 

30.  Quoted  in  Grace  Raymond  Hebard,  "Woman  Jurors,"  The 
Journal  of  American  History,  (1913),  p.  1304. 

31.  Kingman,  p.  225. 

32.  Robert  C.  Morris,  Collections  of  the  Wyoming  State  Historical 
Society,  (Cheyenne;  Wyoming  Historical  Society,  1897),  p.  243. 

33.  Ibid.,  p.  242. 


41 


34.  Kingman,  p.  225. 

35.  Morris,  p.  244. 

36.  Ibid.  p.  242. 

37.  Despite  such  high  praise,  women  served  for  only  three  terms  of 
the  court.  The  prophetic  remark  of  objecting  counsel,  "al- 
though judges  seldom  resign  they  sometimes  sicken  and  die," 
came  true  for  Chief  Justice  Howe  who,  due  to  illness,  was  forced 
to  retire  in  1871.  He  was  replaced  by  a  Southerner,  Joseph 
Fisher,  who  was  opposed  to  women's  suffrage.  Some  years  later 
when  the  State  Supreme  Court  reviewed  the  claim  that  women 
should  serve  as  jurors,  it  was  waved  aside  with  the  statement, 
"At  one  time  it  was  held  by  the  courts  of  the  Territory  of  Wyo- 
ming that  women  were  competent  jurors,  but  that  ruling  was 
speedily  overturned  by  the  same  courts.  The  question  was  never 
passed  upon  by  the  supreme  court  either  state  or  territorial." 
McKinney  v.  State,  2  Wyo.  719,  723  (1892). 

The  practice  of  women  serving  on  juries  did  not  reassert 
itself  until  the  legislature  specifically  authorized  the  practice  75 
years  later.  Republican  State  Chairman,  Ewing  T.  Kerr,  au- 
thored the  bill  at  the  request  of  several  women's  clubs  and 
helped  to  get  it  through  the  1949  legislature.  (He  became  Wyo- 
ming's third  Federal  District  Court  Judge  10  years  later.)  Judge 
Kerr  commented  that  it  was  not  an  easy  bill  to  get  passed.  He 
faced  opposition  from  his  more  conservative  party  members  and 
lawyers  who  objected  to  women  on  juries. 

38.  Kingman,  p.  226. 

39.  Ibid.,  p.  226. 

40.  Guice,  p.  147. 

41.  Cheyenne  Daily  Leader,  March  25-26,  1870. 

42.  Lewis  Gould,  Wyoming:  A  Political  History,  1868-1896,  (New 
Haven:  Yale  University  Press,  1968),  pp.  29-31. 

43.  Guice,  p.  18-19. 

44.  Bancroft,  p.  741-742. 

45.  Cheyenne  Daily  Leader,  May  18,  1871. 

46.  Larson,  p.  126. 

47.  Guice,  p.  53. 

48.  Agnes  Wright  Spring,  ed..  Collected  Writings  and  Addresses  of 
William  Chapin  Deming,  (Chicago:  Arthur  H.  Clark  Co., 
1947),  p.  20. 

49.  Guice,  p.  146. 

50.  Ibid.,  p.  146. 

51.  Larson,  p.  126. 

52.  In  1894  Carey  was  again  in  the  midst  of  an  intraparty  feud.  As 
a  senator,  Carey  supported  the  National  Republican  Party's  ad- 
herence to  the  gold  standard.  The  West  and  Warren  supported 
free  and  unlimited  coinage  of  silver.  Carey's  adherence  to  the 
gold  standard  cost  him  re-election  to  the  Senate  and  splintered 
the  Republican  Party  in  Wyoming.  It  also  resulted  in  Carey's 
election  as  Governor  in  1910  on  the  Democratic  ticket. 

In  1912  Warren  characterized  Carey  as  "the  most  monu- 
mental hypocrite  and  the  most  infernal  liar  — when 
necessary'  —  that  God  ever  permitted  to  live  whom  I  have  been 
permitted  to  meet."  The  feud,  headed  by  Warren  and  Carey, 
finally  ended  in  1918  with  the  election  of  Carey's  son,  Robert,  as 
Governor. 

Judge  T.  Blake  Kennedy,  Wyoming's  second  Federal 
District  Judge,  who  knew  both  Carey  and  Warren,  went  to  the 
root  of  these  varied  and  sometimes  negative  assessments  of  Carey 
when  he  noted  that  Carey  was  aloof  and  cold  and  lacked  the 
"common  touch  "  that  Warren  had  used  so  effectively.  Judge 
Kennedy  in  his  memoirs  noted  that  while  Carey  was  "possessed 
of  a  peculiarly  vindictive  disposition  .  .  ."he  was  a  man  of  "pre- 
eminent ability  ...  a  big  man  in  big  things.  "  He  considered  him 
"perhaps  the  most  astute  and  effective  stump  speaker  that 
Wyoming  has  produced."  However  he  was  rated  as  a  judge, 
there  is  no  doubt  of  the  importance  of  Joseph  M.  Carey  to  the 


state  of  Wyoming  in  its  formation  and  in  its  growth  while  he  was 
Senator  and  Governor. 

53.  Several  quotes  from  Judge  Blair's  opinions  are  evidence  of  his 
sense  of  humor:  'We  have  read  with  due  care  the  testimony 
given  at  the  trial  and  find,  as  is  usually  the  case  in  actions  found- 
ed on  verbal  agreements  or  understandings,  that  the  parties  had 
no  difficulty  in  disagreeing  as  to  all  matters."  Ketchum  v.  Davis, 
3  Wyo.  163,  167  (1887). 

In  Hinton  v.  Winsor,  2  Wyo.  206,  208  (1880),  Blair  wrote, 
"We  have  examined  the  record  in  this  case,  with  a  degree  of  pa- 
tience and  diligence  seldom  equaled,  but  never  excelled  in  the 
history  of  judicial  tribunals,  to  find  something  of  which  the  ap- 
pellant might  in  equity  complain,  but  all  in  vain.  " 

In  Garbanativ.  Beckwith,  2  Wyo.  213(1880),  he  explained 
that,  "The  justice  rendered  judgment  in  favor  of  the  defendant 
and  against  the  plaintiff.  And  thereupon  the  plaintiff  took  an 
appeal  to  the  district  court  with  no  better  success,  judgment  be- 
ing rendered  against  him.  Not  being  weary  in  search  of  substan- 
tial justice,  he  sues  out  a  writ  of  error,  and  brings  his  case  to  this 
court  where  substantial  justice  is  known  to  be  administered  in  all 
its  purity.  " 

54.  Campbell,  p.  43. 

55.  In  another  instance,  Judge  Blair  was  called  upon  to  hold  court 
in  Buffalo.  Nat  Jones,  formerly  a  cowboy,  was  the  bailiff  and  he 
was  unfamiliar  with  court  proceedings.  Clerk  of  Court  John 
Meldrum.  later  Yellowstone  Park  Magistrate  for  40  years, 
coached  Nat  and  suggested  that  he  not  appear  in  court  with  his 
chaps  and  spurs.  He  wrote  on  a  piece  of  paper  what  Nat  should 
say  when  he  opened  court  for  the  judge.  On  Monday  morning 
when  Judge  Blair  entered  the  courtroom,  Nat  arose.  In  the 
words  of  A.  C.  Campbell,  "Never  was  a  Beau  Brommel  so  gor- 
geously attired.  Between  Saturday  night  and  Monday  morning 
Nat  has  assembled  a  greater  assortment  of  colors  than  were  ever 
worn  by  a  yokel  at  a  county  fair." 

Nat  began,  "O  yea,  O  yea,  O  yea.  "  Then  he  stopped,  stam- 
mered and  tried  to  start  over.  He  placed  his  hand  in  his  vest 
pocket.  A  pained  expression  came  over  his  face.  He  turned  to 
Meldrum  with  a  trembling  voice  and  said,  "What  in  hell  did  I 
do  with  that  paper  you  gave  me?  "  Campbell,  pp.  43-44. 

56.  T.  A.  Larson,  "Exiling  a  Wyoming  Judge,  "  Wyoming  Law  Jour- 
nal, Spring,  1956,  p.  171. 

57.  Campbell,  p.  42. 

58.  Congressional  Record,  (45  Cong.,  2  Sess.),  p.  1204. 

59.  Guice,  p.  83. 

60.  Campbell,  p.  42. 

61.  John  D.  W.  Guice  in  The  Rocky  Mountain  Bench  wrote  that 
"through  his  deliberate  conduct  of  the  court.  Peck  did  unwit- 
tingly let  court  expenses  get  out  of  hand.  But  once  he  caught  on 
to  the  capers  of  the  court  officials  (lining  their  own  pockets),  he 
put  an  end  to  their  lucrative  practices  and  demanded  to  approve 
all  bills  rendered  by  the  county."  p.  82. 

62.  Larson,  "Exiling  a  Wyoming  Judge,"  p.  172. 

63.  Larson,  History  of  Wyoming,  pp.  129130. 

64.  Congressional  Record,  (45  Cong.,  2  Sess.),  Feb.  20,  1878,  pp. 
1203,  1206. 

65.  Larson,  "Exiling  a  Wyoming  Judge,  "  p.  173. 

66.  Guice,  p.  91. 

67.  Arnold  wrote:  "R.  B.  Hayes,  President  of  the  'United  States' 
Highly  honored  &  much  loved  Pres.  "I  come  to  you  once  more  in 
behalf  of  this  Judicial  District.  It  does  seem,  that  the  Saloon, 
Gambling  and  Impure  houses  of  this  District  are  determined  to 
get  rid  of  Judge  Peck.  The  Legislature  now  says,  as  soon  as  he  is 
confirmed  by  the  Senate,  they  wilt  appoint  him  to  Pease  County 
in  the  Black  Hills,  and  one  of  them  advised  some  of  our  good 
citizens,  that  we  have  his  head  shaved,  or  the  Indians  would  get 
his  scalp.  I  have  been  in  this  territory  almost  seven  years  ...  In 


42 


the  July  term  of  Court  I  was  Foreman  of  "Grand  Jury,"  and  I 
think  every  one  of  the  criminal  cases  originated  either  in  Gam- 
bhng  Saloons  or  Impure  houses.  Judge  Peck  has  so  instructed 
jurors,  and  explained  the  Laws,  that  this  class  of  people,  who 
have  been  largely  in  the  assendency  (sic),  are  determined  to  get 
rid  of  him.  Since  Judge  Peck  came  among  us  one  or  two  saloons 
have  closed,  and  if  he  continues  among  us  others  will  soon 
follow.  Should  our  Dear  Judge  Peck  be  removed  to  Pease  County 
by  the  Legislature  may  I  be  permitted  to  ask  your  Excellency  to 
send  us,  if  not  a  Christian  Gentleman,  at  least  a  temperance 
man;  but  O,  I  would  thank  God  so  much  if  Judge  Peck  can  con- 
tinue here.  Eternity  above  will  reveal  how  much  you  have  en- 
couraged and  cheered  God's  people  in  appomting  Judge  Peck  to 
this  place.  He  has  already  been  the  means  of  starting  a  Sabbath 
School  in  "Green  River,"  a  most  fearfully  wicked  place. 

Ejc  Judge  Thomas  is  very  popular  among  the  Saloon  people 
and  has  the  reputation  of  patronizing  them.  It  is  not  only  our 
privilege,  but  our  greatest  joy  to  remember  you  daily  at  the 
"Throne  of  Peace.  " 

I  remain  your  most  obedient  servant, 

F.  L.  Arnold,  Pastor  of  Presbyterian  Church. 

(signed) 

P.S.  Judge  Peck  is  an  Episcopalian." 
Gould,  pp.  109-110. 
Campbell,  pp.  40,  42. 

The  Laramie  Boomerang  quoted  a  cattleman  who  explained 
that  "the  lynching  of  Averell  and  his  woman  was  the  direct  out- 
growth of  the  failure  of  the  courts  in  Wyoming  to  lend  protec- 
tion to  the  property  of  cattlemen."  The  Salt  Lake  Tribune  com- 


mented, "The  men  of  Wyoming  will  not  be  proud  of  the  fact 
that  a  woman  — albeit  unsexed  and  totally  depraved  — has  been 
hanged  within  their  territory.  This  is  about  the  poorest  use  that 
a  woman  can  be  put  to."  The  National  Police  Gazette  told  the 
story  under  an  alliterative  headline,  "Blaspheming  Border 
Beauty  Barbarously  Boosted  Branchward."  The  cattlemen  were 
released  after  the  four  witnesses  to  the  crime  failed  to  show  up  at 
trial;  one  died  mysteriously,  and  the  rest  disappeared.  No  one 
was  ever  convicted  for  the  lynchings. 

Helena  Huntington  Smith,   The   War  on  Powder  River,  (New 
York:  McGraw  Hill,  1966). 
Campbell,  p.  45. 
Larson,  p.  190. 
Guice,  p.  36. 

Burton  S.  Hill,  "Frontier  Lawyer;  T.  P.  Hill,"  Annals  of  Wyo- 
ming, April,  1962,  pp.  43-48. 

76.  Journal  and  Debates  of  the  Constitutional  Convention  of  the 

State  of  Wyoming,  (Cheyenne:  Daily  Sun,  1893). 

77.  Casper  Tribune  Herald,  May  19,  1937. 

78.  Paul  M.  Olsinger,  "Willis  Van  Devanter:  Wyoming  Leader," 
Annals  of  Wyoming,  Oct.  1965,  pp.  171-174. 

79.  Ibid.,  pp.  183-184. 

80.  Letter,  Willis  Van  Devanter  to  Francis  E.  Warren,  January  21, 
1897,  Warren  collection,  American  Heritage  Center,  University 
of  Wyoming. 

81.  Gould,  p.  126. 

82.  See  Dan  Nelson,  "The  Supreme  Court  Appointment  of  Willis 
Van  Devanter,"  Annals  of  Wyoming,  Fall,  1981,  pp.  2-11. 


43 


Llf  f  lEB  FE0M  i  P0Bf  BlJMi0I 


Edited  by  Thomas  R.  Buecker 


/-' 


Charles  W.  Taylor  Collection,  U.S.  Military 
Academy  Museum 


(Editor's  Note:  Fort  Washakie,  located  on  the  Little 
Wind  River  in  central  Wyoming,  was  a  little -known  post  of 
the  frontier  army.  Though  its  role  in  the  Indian  Wars  certain- 
ly lacked  the  glamor  of  more  well-knoum  posts  such  as  Fort 
Laramie,  it  served  the  arm.y  through  and  beyond  the  Indian 
War  period.  The  history  of  the  post  had  it's  beginnings  as 
Camp  Augur,  established  at  present-day  Lander  to  protect 
the  miners  of  the  Sweetwater  district  from  hostile  Indians. 
Also  the  post  served  to  protect  the  friendly  Shoshoni  Indians 
on  the  Wind  River  Reservation  from  the  raids  of  the  more 
powerful  Sioux.  In  1871,  the  post,  renamed  Camp  Brown, 
was  moved  to  a  more  centrally  located  site  on  the  Little  Wind 
River,  some  15  miles  northwest.  At  the  new  location,  adobe 
and  stone  buildings  were  constructed  to  house  two,  and  later, 
three  companies  of  soldiers.  In  1878,  the  post  was  renamed 
Fort  Washakie,  in  honor  of  the  great  chief  of  the  Shoshoni. 

From  May  13,  1879  to  May  1880,  Fort  Washakie  was  the 
home  of  Assistant  Surgeon  Charles  K.  Winne,  his  wife 
Caroline,  and  their  infant  son,  Charles,  Jr.  Dr.  Winne  began 
his  military  sen/ice  during  the  Civil  War,  and  had  served  at 
several  western  posts  before  he  resigned  his  commission  in 
1873.  In  1874,  he  married  Caroline  Frey  Giddings.  Caroline 
Frey  was  bom  on  July  8,  1841,  in  the  small  town  of  Palatine 
Bridge,  New  York.  In  1861,  she  married  Major  Grotius  R. 
Giddirigs,  a  Union  army  officer.  Giddings  died  six  years  later 
while  serving  as  Lieutenant  Colonel  of  the  16th  Infantry  Regi- 
ment. After  the  Winnes  were  married,  the  doctor  reentered 
the  army  and  was  assigned  for  duty  in  the  Department  of  the 
Platte.  From  late  1874  to  1878,  they  were  stationed  at  Sidney 
Barracks  and  Fort  McPherson,  Nebraska.  After  a  one-year 
sick  leave,  Winne  was  assigned  to  Fort  Washakie  to  serve  out 
the  last  year  of  his  four-year  duty  in  the  Department  of  the 
Platte. 

While  they  were  stationed  at  Washakie,  Caroline  wrote 
57  letters  (including  several  postal  cards)  to  her  father,  John 
Frey,  and  brother,  Samuel  Ludlow  Frey,  back  in  Palatine 
Bridge.  Writing  at  least  once  a  week,  the  majority  of  the  let- 
ters were  sent  to  Ludlow.  As  presented  here,  they  have  been 
edited,  removing  details  of  family  and  eastern  social  matters, 
leaving  her  impressions  and  experiences  of  life  at  Fort 
Washakie.  Spelling  and  punctuation  have  been  left  as  Mrs.. 
Winne  wrote  it.  The  entire  collection  of  the  Caroline  Winne 
letters  is  held  by  the  New  York  Historical  Society  in  New  York 
City.) 

May  2,  1879     Ludlow,  postcard  from  Omaha 

We  arrived  yesterday  all  safe.  Baby  well  and  enjoyed  the 
journey.  Can't  tell  yet  where  we  shall  go.  Will  write  you  as 
soon  as  we  know.  Trees  in  full  leaf  &  warm  as  June  here. 


IIMAI 


May  4,  1879     Father,  from  Omaha 

It  is  decided  that  we  are  to  go  to  Fort  Washakie  in  Wyo- 
ming T.  about  150  miles  from  the  railroad.  We  go  by  rail  to 


45 


Green  River  forty  eight  hours  from  here  nearly.  So  we  shall  be 
a  long  way  off.  We  shall  go  by  stage  as  far  as  old  Camp  Stam- 
baugh'  and  there  take  special  transportation.  The  journey 
will  be  a  long  and  hard  one  for  baby  -  but  the  post  is  said  by 
everyone  to  be  very  delightful,  pleasant,  mild  climate  very 
healthful,  good  quarters,  plenty  of  grass  &  trees,  and  of 
course  magnificent  scenery,  it  is  in  the  Wind  River  Valley.  I 
can  write  you  more  about  it  after  we  get  there  &  have  seen  for 
ourselves. 

Dr.  Summers^  was  anxious  to  send  us  there  as  it  is  out  of 
the  way  -  and  there  will  be  no  danger  of  Charlies  being  sent 
into  the  field  on  any  Indian  hunts.  I  know  we  shall  like  it 
when  once  we  are  there.  And  really  I  am  very  glad  to  have 
baby  in  such  a  climate  while  he  is  teething,  this  his  second 
summer. 

We  are  having  a  pleasant  visit  here,  the  season  is  far 
ahead  of  the  east.  Trees  in  full  leaf  &  so  warm. 


hotel  where  we  are  settled  to  rest  until  Monday.  The  stage 
journey  will  be  hard,  but  soon  over  &  every  one  reports  our 
new  Post  as  very  pleasant  &  desireable.  We  shall  reach  there  if 
all  is  well  Tuesday  night.  I  will  write  as  soon  as  rested  enough. 
Gussie  is  with  us. 


May  14,  1879     Ludlow,  postcard  from  Fort  Washakie 

We  arrived  yesterday  about  6  P.M.  very  tired  but  all  well 
&  are  staying  with  one  of  the  officers,  our  things  have  not  yet 
come  of  course  -  but  we  will  be  pleasantly  fixed  up  when  they 
do.  A  very  nice  house  indeed,  plenty  of  room.  Now  we  are  a 
fearful  way  off  but  still  we'll  be  glad  to  be  settled.  Baby  stood 
the  journey  wonderfully  as  more  than  happy  playing  out 
doors  all  day  long.  I  will  write  &  tell  you  of  our  long  journey 
soon  as  I  am  rested  enough  -  it  really  was  not  so  bad  as  I 
feared  it  would  be.  we  are  all  well. 


May  4,  1879     Ludlow,  from  Omaha 

It  has  been  decided  where  we  are  to  go  and  we  shall  start 
on  Thursday.  We  are  a  good  way  off  the  railroad,  150  miles 
"Fort  Washakie."  We  go  to  Green  River  by  rail  about  forty- 
eight  hours  ride  from  here  and  then  take  a  stage  the  first  hun- 
dred miles  -  or  twenty-four  hours  -  and  there  we  will  have 
special  transportation  to  meet  us.  It  will  be  a  very  hard 
journey  but  very  pleasant  after  we  get  there  so  everyone  says,  a 
very  healthful  pleasant  climate,  good  quarters  and  a  nice  new 
hospital.  And  one  very  good  thing  is  it  is  out  of  the  way.  There 
is  no  danger  of  Charlies  being  sent  out  on  any  of  those  wretch- 
ed Indian  hunts.  Dr.  Summers  particularly  wanted  us  to  go 
there  on  that  account.  I  will  try  to  get  a  map  and  mark  on  it 
our  route  &  station.  The  post  is  in  a  valley.  The  country  is 
wooded  &  we  shall  have  grass.  Good  trout  fishing  and  good 
hunting  they  say.  So  after  we  get  there  it  will  be  all  well 
enough  but  the  journey  will  be  fearful.  Baby  is  well  -  and 
quite  rested  again.  Everyone  thinks  he  is  a  splendid  boy. 

The  weather  here  is  simply  glorious,  warm  &  beautiful  as 
June,  and  everything  so  green.  We  had  a  lovely  ride  yesterday. 
Dr.  Summers  came  with  his  carriage  &  fast  horses  &  took  us. 
The  country  about  here  is  beautiful. 

We  picked  Gussie'  up  at  Kearney  Junction.  I  had  a  letter 
from  her  on  Friday.  You  can  write  &  direct  to  Fort  Washakie, 
Wyoming  T.  It  will  take  a  good  long  time  for  our  letters  to 
come  &  go  as  probably  there  is  no  mail  oftener  than  twice  a 
week  -  still  I  don't  know  about  that. 

We  are  all  well  -  and  ready  to  make  the  best  of  our  fate. 

May  10,  1879     Father,  postcard  from  Green  River 

Left  O.  on  Thursday  and  arrived  here  this  A.M.  about  8. 
Comfortable  journey  &  all  well  -  baby  enjoyed  it  very  much. 
Gussy  met  us  at  Carny  Junction.  There  is  a  nice  little  hotel 
here.  Neat  &  comfortable  &  we  are  settled  for  a  rest  until 
Monday.  Everyone  reports  our  new  post  as  very  pleasant  & 
desireable.  The  stage  journey  will  be  hard  but  soon  over.  Our 
address  is  Fort  Washakie,  Wyo.  T. 

May  10,  1879     Ludlow,  postcard  from  Green  River 

Arrived  this  A.M.  to  breakfast.  All  well.  Had  a  pleasant 
trip  which  baby  enjoyed  hugely.  This  is  a  desolate  country, 
but  curious.   6141   feet  elevation.  A  nice  comfortable  little 


May  16,  1879     Ludlow 

I  sent  you  a  postal  card  soon  as  we  came  -  but  was  too 
tired  to  write  a  letter.  Our  journey  was  a  very  [difficult]  one. 
We  were  forty-eight  hours  from  Omaha  by  cars  and  thirty-six 
by  stage  from  Green  River  here  -  of  course  we  did  not  sleep  a 
wink  on  the  stage  except  baby  -  he  slept  nicely  and  was  won- 
derfully good.  We  came  right  over  the  mountains  crossed  the 
Wind  River  range  of  snow  covered  mountains  at  South  Pass 
reaching  the  highest  elevation  at  old  Camp  Stambaugh  (now 
abandoned)  something  over  eight  thousand  feet.  The  country 
is  most  desolate  -  nothing  but  sage  brush  covered  hills  &  vast 
sandy  plains  as  far  as  the  eye  can  reach  -  as  you  are  climbing 
one  barren  hill  you  think  beyond  this  there  will  surely  be  some 
change  but  there  is  not  -  occasionally  we  forded  a  mountain 
stream  and  along  its  banks  were  a  few  willow  bushes,  but  with 
this  exception  there  is  nothing  but  sand  and  sage  brush, 
which  is  more  gray  than  green  -  in  the  far  distance  we  would 
at  times  see  the  snow  covered  ranges.  We  stopped  for  fresh 
horses  about  every  fifteen  miles  &  only  at  these  stations  did  we 
see  any  signs  of  human  life.  After  leaving  Stambaugh  -  which 
is  about  forty  miles  from  South  Pass,  the  road  begins  to  de- 
scend into  the  Wind  River  Valley  and  some  of  the  hills  are 
fearful  -  but  the  roads  pretty  good  -  and  all  safe  -  eleven  miles 
of  these  dreadful  hills  brings  us  to  the  mouth  of  Red  Canyon 
through  which  the  road  winds  for  about  five  miles  -  one  side 
of  the  canon  is  grassy  &  wooded,  the  slope  gradual.  But  the 
other  side  is  very  peculiar,  high  strangely  wore  rocks  -  of  a  sort 
of  granite,  a  brighter  red  than  I  ever  saw  stone  before  &  the 
soil  is  the  same  color,  the  road  runs  for  miles  through  this  red 
soil.  The  difference  is  altitude  between  Stambaugh  &  this 
Post  is  about  three  thousand  feet  this  Post  being  5460  -  but 
the  road  is  as  much  up  hill  as  down  almost.  It  is  a  hard  tedious 
ride  and  we  were  very  weary  when  we  reached  here.  This  post 
is  pleasantly  located  right  on  the  bank  of  little  Wind  River  & 
in  full  view  of  the  snow  covered  mountains  on  one  side.  The 
parade  is  green  &  small  trees  are  growing  in  the  post  -  along 
the  bank  of  the  river  are  quite  large  trees.  The  quarters  are  of 
adobe  -  one  story  very  roomy  &  comfortable  -  with  wide  ve- 
randas. Our  house  is  new  &  very  pleasant  -  I  will  send  you  a 
plan  of  it  when  we  get  in  -  Now  we  are  staying  with  one  of  the 
officers  -  Lieut.  Thomas'*  of  the  5th  Cavalry.  Our  goods  are 
on  the  way  &  we  hope  to  have  them  in  a  few  days.  I  hate  to 


46 


"^^f^i^^fr' 


Dr.  Charles  Winne 

U.S.  MILITARY  ACADEMY  PHOTOGRAPH 


Caroline  Frey  Winne 


NEW  YORK  STATE  HISTORICAL  ASSOCIATION.  COOPERSTOWN.  N.  Y  .  PHOTOGRAPH 


47 


stay  with  all  our  family  so  long  with  strangers  though  they  are 
very  nice  &  kind. 

The  commanding  officer  is  a  bachelor  Major  Upham*  of 
the  5th  Cavalry.  There  are  two  companies  of  that  Regt.  here. 
Charlie  has  a  very  nice  hospital,  new,  large  built  also  of 
adobe. 

This  mountain  valley  is  quite  fertile  and  very  nice 
vegetables  are  raised  here  in  the  Post  gardens.  I  think  we  shall 
be  very  comfortable  pleasantly  fixed  for  a  year  or  so  which  is 
probably  as  long  as  we  shall  stay  as  Charlie  only  has  to  serve 
out  the  time  of  his  sick  leave  in  this  Department.  There  are  a 
great  many  Indians  here  -  quite  a  large  agency  of  Snakes, 
Arapahoes  &  Shoshonies  besides  a  good  many  Bannack  pris- 
oners^ at  the  post.  They  are  all  friendly  Indians  but  lazy  &  vil- 
lianously  dirty  as  all  others,  baby  don't  know  what  to  make  of 
them. 

There  is  a  hot  spring'  about  two  miles  from  the  post.  We 
haven't  been  out  to  it  yet  -  but  they  all  go  a  great  deal  to 
bathe. 

We  may  be  able  to  find  some  curiousities  about  here.  The 
gentleman  who  keeps  the  eating  house  at  Green  River  where 
we  stayed  had  some  very  beautiful  things.  Christals  &  fossils, 
one  large  slab  of  creamy  white  stone  had  in  it  fifteen  fossil 
fish,  abut  a  finger  or  a  little  over  long,  possibly  little  trout,  it 
was  a  very  beautiful  as  well  as  wonderful  specimen,  the  stone 
this  yellow  white  &  the  fish  dark  brown,  he  said  he  had  a  great 
many  with  one  or  two  fish  small  pieces.  I  shall  try  to  get  one 
when  we  go  back. 

There  is  very  little  fine  scenery  along  the  U.P.R.R.  as  far 
as  we  came.  The  same  very  curious  Butes.  it  is  all  so  wild  & 
barren  -  we  were  a  little  early  to  see  the  plains  at  their 
greenest.  We  had  a  charming  visit  in  Omaha  &  were  sorry  to 
leave.  At  Sidney  we  breakfasted  with  Mr.  Rumsey*  &  saw  the 
old  Post  baby's  birthplace  ■  it  makes  me  homesick,  it  looked  so 
pretty  there.  At  Cheyenne  we  saw  Dr.  Gibson  whom  Charlie 
relieved  at  McPherson.^  He  is  at  Russell'"  now  &  Charlie 
telegraphed  him  to  be  at  the  train  if  he  could  &  also  very 


unexpectedly  Capt.  Monahan."  he  was  with  Dr.  Gibson  hav- 
ing come  up  from  Denver  to  consult  him.  he  admired  baby 
very  much  as  every  one  does  who  sees  him,  &  he  is  a  splendid 
boy.  You  should  see  him  playing  outdoors  here,  setting  flat  on 
the  ground  and  letting  the  gravel  run  through  his  fingers, 
throwing  stones  in  the  water,  there  are  irrigating  ditches  all 
through  the  post  of  beautiful  clear  mountain  water. 

Now  you  must  not  worry  about  us.  we  are  a  good  way  off  - 
to  be  sure  &  I  feel  how  impossible  it  would  be  to  reach  you  as 
you  us  -  but  still  we  are  all  well  -  &  we  wont  be  here  a  great 
while  &  hope  to  be  ordered  east  when  our  detail  expires  in  this 
Dept.  .  .  .  We  get  mail  daily  and  please  send  this  letter  on  to 
Hoboken  -  it  is  useless  to  write  it  all  over  and  they  will  want  to 
know  about  us  too. 

May  25,  1879     Ludlow 

I  received  your  letter  last  Sunday,  just  a  week  from  the 
day  it  was  written.  It  seems  a  good  way  off  -  six  days  by  mail, 
but  it  is  right  pleasant  here  &  if  our  things  ever  come  &  we 
once  get  settled  we  shall  like  it  very  much.  There  never  was  a 
more  quiet  spot  but  you  know  we  don't  mind  that,  we  couldn't 
be  in  a  better  place  for  baby  .  .  . 

The  great  excitement  of  the  past  week  has  been  the 
Shoshoni  Sun  Dance.  We  all  went  one  afternoon  and  were 
given  the  seats  of  honor  (on  the  ground)  by  old  Washakie  the 
head  chief  of  the  tribe.  He  is  a  very  good  Indian,  was  dressed 
in  a  half  civilized  costume,  holding  tightly  in  his  hand  a  red, 
white  &  blue  umbrella,  he  has  a  pleasant  face  looks  very  much 
like  Henry  Ward  Beecher'^  -  there  were  about  sixty  braves 
dancing  the  day  we  were  over  there,  perfectly  nude  -  except 
for  a  belt  about  their  waists  from  which  hung  a  narrow  apron 
before  &  behind.  There  were  a  great  many  ornaments  of 
feathers  &  beads  around  their  necks  &  arms  &  in  their  hair. 
Part  of  them  were  painted  a  bright  yellow  &  part  of  them 
white,  it  was  a  wild  sight  and  impressed  one  very  strangely.  I 
must  confess  of  having  a  very  shakey  feeling  for  a  few  minutes. 
I  knew  they  were  friendly  Indians  &  had  just  shaken  hands 


The  Winnes  probably 
lived  in  this  officers' 
duplex. 


48 


with  old  Washakie  whos  benevolent  smiling  face  was  an 
assurance  of  safely,  but  still  -  there  we  were  entirely  in  their 
power  surrounded  by  hundreds  of  them  besides  the  dancers, 
of  all  ages  from  a  wrinkled  blind  old  squaw  who  poked  the  fire 
and  stirred  a  kettle  of  some  vile  looking  broth  whom  we  were 
told  was  over  one  hundred  years  old,  down  to  the  smallest 
papose  strapped  to  a  board.  They  all  seemed  pleased  to  have 
us  there  tho  &  the  dance  went  on.  There  were  none  of  the 
cruelties  nor  none  of  the  self  torture  that  I  supposed  always 
accompanied  a  Sun  Dance,  in  the  center  of  the  enclosure  was 
a  high  pole  to  the  top  was  fastened  an  old  buffalo  head  &  tail, 
painted  &  decorated  with  feathers  &  leaves.  This  I  believe  was 
the  emblem  of  the  Great  Spirit  &  the  dancers  never  for  one  in- 
stant take  their  eyes  from  it.  every  dancer  has  a  little  whistle 
made  of  bone  and  decorated  with  feathers  &  beads  or  painted 
which  he  blows  constantly,  the  band  sit  on  the  ground  around 
a  large  rudely  constructed  drum  -  upon  which  they  beat  with 
sticks  accompanying  the  drumming  by  a  monoteneous  droan- 
ing  sound  -  deafening  to  hear.  The  dance  is  simply  a  jumping 
up  and  dowm  with  the  feet  placed  closely  together  &  every 
part  of  their  body  in  motion.  Sometimes  they  dance  out 
toward  the  pole  with  their  arms  thrown  wildly  up,  they  are 
given  frequent  rests  of  a  few  minutes  for  sleep  -  but  have 
neither  food  nor  drink  during  the  whole  time  -  four  days.  Of 
course,  not  all  of  them  can  stand  it  so  long,  some  become  ex- 
hausted and  delirious  from  fatigue  &  hunger.  When  they 
think  they  have  a  vision  &  revelation  from  the  Great  Spirit  its 
a  wonder  they  don't  all  die  for  the  exertion  must  be  fearful. 
Some  of  them  looked  haggard  and  weary  when  we  were  there, 
and  they  kept  it  up  over  forty  eight  hours  longer.  Charlie  &  I 
wished  a  great  many  times  that  you  could  see  it.  We  may  be 
able  to  find  you  some  beadwork  &  such  curosities,  but  no 
relics  of  the  stone  age  here  I  guess. '^  Mr.  &  Mrs.  Thomas  with 
whom  we  are  staying  have  been  several  years  in  Arizona  and 
have  been  all  over  those  ruins  of  cave  dwellings.  There  you 
could  get  loads  of  things.  There  were  a  little  party  of  Bannack 
prisoners  brought  in  here  last  Sunday.'''  I  saw  the  arms  that 
have  been  taken  from  them  at  Major  Uphams.  There  were 
only  four  bucks  &  "heap  squaws"  as  I  heard  an  old  Indian  say. 
There  was  one  old  gun  the  broken  lock  of  which  was  bound 
up  with  hide  put  on  raw  so  it  was  just  as  hard  &  firm  as  the 
iron  itself  &  three  bows  with  lots  of  arrows.  No  childs  toys  I 
tell  you  the  two  bows  were  very  strong  and  the  arrows  tipped 
with  iron  &  very  sharp.  Charlie  &  I  went  over  to  see  the 
savages  -  for  these  have  so  recently  been  on  the  warpath.  A 
wretched  looking  lot  -  filthy  &  almost  naked  their  only 
clothing  made  of  skins  some  dressed  buckskin  -  but  mostly 
with  the  fur  on.  You  would  enjoy  studying  them  I  doubt  not. 
but  one  wearies  of  too  many  Indians  -  tho  the  Arapahoes  are 
out  on  a  hunt  now. 

I  drove  dowm  to  the  hot  spring  yesterday,  but  did  not  go 
in.  it  is  very  large  over  a  hundred  feet  across  &  very  hot.  Major 
Upham  promises  to  put  new  bath  houses  there,  it  is  on  the  In- 
dian reservation  unfortunately. 

.  .  .  C.  had  a  letter  from  Dr.  Summers.  He  says  he  is  glad  we 
came  back  when  we  did.  for  had  we  waited  till  the  last  of  the 
month  or  till  he  had  knovvm  what  he  does  now  -  Charlie  would 
have  to  take  his  turn  at  Fort  McKinney'*  &  I  could  not  have 
gone  there.  So  you  can  imagine  I  am  thankful  for  as  good  a 
place  as  this  .  .  . 


June  1,  1879     Father 

Having  sent  you  all  a  description  of  our  journey  out  here, 
there  is  little  else  to  write.  Our  baggage  has  not  come  yet 
much  to  our  disgust  -  but  we  hope  now  to  have  it  early  this 
week  -  and  to  be  settled  in  our  own  quarters.  That  is  one  very 
disagreeable  thing  about  being  stationed  so  far  off  the  rail- 
road, it  is  so  disagp-eeable  to  be  obligated  to  accept  the 
hospitality  of  other  officers,  who  are  perfectly  strangers  too  - 
for  so  long  -  of  course  there  is  no  hotel  or  any  place  to  board 
here.  There  is  nothing  besides  the  post  except  the  Post 
Traders  house  &  store. 

There  is  a  wonderful  hot  spring  about  two  miles  from  the 
post.  I  haven't  been  in  it  -  as  the  bath  houses  are  in  a  very 
dilapidated  state,  but  the  officers  and  men  go  there  to  bathe  a 
great  deal.  It  is  rather  uncomfortably  hot  for  bathing  they 
say.  I  don't  know  just  what  the  temperature  is.  it  is  quite  a 
sheet  of  water  about  a  hundred  feet  across,  and  the  water 
bubbles  up  over  a  large  space  in  the  center  as  though  it  was 
boiling.  Yesterday  was  quite  cool  and  we  could  see  the  steam 
rise  from  it  very  distinctly  from  here,  it  is  sulpher  water  I 
believe. 

One  thing  we  have  very  delicious  &  that  is  speckled  trout. 
I  never  saw  such  large  ones  -  two  pound  ones  are  considered 
small,  how  I  wish  Lud  &  Gus  could  come  and  spend  a  month 
or  so  with  us.  They  would  enjoy  the  fishing,  and  even  the  long 
journey  over  the  mountains  would  be  a  change  from  eastern 
Hfe  .  .  . 

We  are  awaiting  anxiously  to  see  what  congress  will  do 
with  the  poor  little  army.  It  would  be  very  hard  to  be  left 
without  any  pay  again,  particularly  for  people  who  have  just 
come  from  leave. '^  How  I  wish  I  knew  someone  who  would 
take  ahold  of  Charlies  matters  &  get  his  old  place  back  for 
him.  his  uncle  will  never  do  anything  &  it  could  be  so  easily 
done." 


□ 
n3- 


WASHAKIE 


WYOMING  TERRITORY 


49 


June  2,  1879     Ludlow 

.  .  .  You  can't  imagine  how  eagerly  we  watch  the  mails  -  I'm 
glad  they  come  at  night  -  as  it  is  all  we  have  to  look  forward 
to.  As  I  wrote  you  yesterday  our  things  have  not  come  yet.  So 
we  are  per  force  staying  with  the  Thomas'  yet.  It  is  too  bad 
but  we  can't  help  it.  They  are  very  nice  people  &  we  like  them 
very  much  -  but  it  seems  a  great  imposition  to  be  obliged  to 
stay  so  long.  There  is  a  train  expected  in  today  ■  and  we  are 
trying  to  hope  that  some  of  our  traps  may  be  on  it  as  the  QM 
had  notice  last  night  of  some  of  the  things  having  started  on 
the  28th  by  ox  train,  he  said  nothing  of  the  rest  of  the  trunks 
&  things  &  we  are  dreadfully  worried  about  them.  Still  we  can 
do  nothing  but  wait  &  possess  our  souls  in  patience  so  far  as 
possible.  I  devoutly  trust  if  we  live  to  see  the  railroad  again 
that  we  may  never  be  out  of  sight  or  sound  at  least  of  it  again. 

I  have  waited  until  we  should  get  into  our  own  quarters  to 
give  you  a  little  plan  of  them  &  or  the  post.  How  I  wish  you 
could  come  &  see  it  for  yourself.  The  trout  fishing  is  very  fine 
near  here  -  I  never  saw  such  large  trout  -  two  pound  ones  are 
considered  quite  small.  None  of  the  officers  are  fishermen, 
but  the  men  go  a  great  deal  &  often  the  Indians  bring  them  to 
sell  ...  I  should  be  glad  to  add  to  your  collection  but  this 
country  is  not  rich  in  anything  but  sage  brush  &  stones.  There 
are  no  interesting  geological  discoveries  to  be  made  about 
here  -  the  whole  surface  of  the  ground  is  covered  with  round- 
water  worn  stones.  There  are  no  fossils  found  near  here.  I 
don't  know  how  far  we  are  from  the  Yellow  Stone  country  - 
but  I  think  about  150  miles.  This  hot  spring  I  spoke  of  is 
about  two  miles  from  the  Post.  The  bath  houses  are  in  such  a 
tumble  down  condition  that  I  haven't  tried  the  water  yet  -  but 
Gussie  went  in  one  day.  She  said  she  couldn't  bear  even  her 
feet  in  at  first  it  was  so  hot.  One  quite  cool  day  last  week  I  saw 
steam  rising  from  it  distinctly  from  here. 

The  rock  in  Red  Canon  is  not  a  lava  deposit  they  say  but 
a  fine  red  sand  stone  with  a  little  Iron  in  it.  I  will  try  to  get  a 
piece  for  you.  I  will  pick  up  everything  I  can  find  that  I  imag- 
ine may  be  of  interest  to  you.  I  sent  you  a  box  of  wild  flower 
roots  the  other  day  -  which  I  hope  will  go  safely.  I  don't  know 
how  you  will  tell  whether  they  are  alive  or  not  as  the  flower  is 
all  that  shows  above  the  ground.  There  are  no  green  leaves 
about  it.  The  Indian  Agent'"  told  us  that  some  botanist  who 
was  with  the  Jones  Geological  Surveying  party'^  through  this 
country  some  two  or  three  years  since  employed  a  party  of 
Shoshoni  squaws  to  dig  him  several  hundred  roots  of  it.  he 
said  it  was  a  very  rare  plant  but  it  is  not  rare  here.  We  are  told 
that  the  Indians  eat  the  roots.  Mr.  Polton  called  it  Luwissia^" 
but  did  not  know  how  it  was  spelled.  There  are  a  great  many 
very  pretty  wild  flowers.  I  put  in  the  box  a  little  moss  with  a 
white  blossum  that  is  really  beautiful,  if  it  would  grow  east  it 
would  be  beautiful  for  borders,  it  grows  in  vast  quantities  in 
this  sand. 

...  I  have  engaged  a  colored  girl,  a  very  excellent  cook  & 
laundress  whom  we  found  here  .  .  .  We  have  been  to  church 
once  here,  the  Episcopal  Bishop^'  of  Colorado  &  Wyoming 
was  here  &  had  evening  service  in  one  of  the  Co.  dining 
rooms.  I  suppose  it  won't  happen  again  however. 
.  .  .  Charlie  has  just  come  in  and  sends  love  to  you  both,  the 
train  is  in  &  our  things  are  not  on  it  &  the  ox  train  can  not  be 
here  in  less  than  a  week  from  Mon.  it  is  simply  dreadful. 


June  6,  1879     Ludlow 

.  .  .  We  get  exact  time  by  the  sun  here.  Mr.  Thomas  erected  a 
sun  dial  on  the  parade  a  few  weeks  ago  -  it  is  a  grand  thing  at 
a  post,  where  as  the  clocks  are  always  being  put  either  ahead 
or  back  -  to  suit  the  convenience  of  the  trumpeters. 

It  has  been  very  warm  today  -  our  warmest  time  is  before 
10  o'clock  in  the  morning.  The  quarters  face  so  nearly  east 
that  we  get  the  sun  from  there  &  there  is  seldom  any  breeze 
before  that  time,  but  as  the  sun  gets  higher  we  have  the  shade 
of  the  broad  porches  and  always  a  breeze  generally  it  might  be 
safely  called  a  wind,  in  fact  the  winds  are  the  great  drawback 
to  this  climate.  Still  we  have  no  reason  to  complain.  We  are 
all  so  well  -  and  our  house  is  so  bright  &  pleasant.  We  like  it 
more  and  more.  I  wrote  you  I  believe  that  Charlie  had  pur- 
suaded  me  to  hire  a  colored  girl  who  had  been  living  with  Dr. 
Grimes,  the  acting  Assistant  Surgeon  whom  Charlie  relieved. 
Mrs.  G  &  the  Dr.  too  recommended  her  so  highly  as  such  a 
wonderful  cook  &  so  economical  etc.  etc.  and  Charlie  was 
very  anxious  to  have  baby  out  doors  all  the  time  &  of  course 
Gussy  couldn't  do  everything  so  I  took  Hester,  and  she  was  a 
very  nice  laundress  but  a  miserable  cook,  very  wasteful  &  ex- 
travagant and  decidedly  opposed  to  having  any  directions 
given  or  suggestions  made,  last  Monday  morning  I  told  her  to 
do  something  and  she  was  very  saucy  &  more  over  did  not  do 
it.  So  after  breakfast  Charlie  went  out  to  the  kitchen  &  told 
her  she  could  either  obey  my  orders  when  I  told  her  to  do  any- 
thing or  she  could,  as  I  told  her,  leave.  Which  she  did!  much 
to  my  satisfaction.  Gussy  nearly  danced  for  joy  and  did  the 
washing  &  has  developed  a  marvelous  talent  for  everything.  I 
told  Charlie  today  that  I  should  write  you  -  never  to  say  again 
that  it  was  too  bad  that  she  came  west  &  left  us  last  fall  -  for  in 
the  end  it  has  provided  a  blessing  to  us.  She  lived  you  know  - 
with  a  lady  who  keeps  the  Officers  mess  at  Omaha  Barracks^^ 
last  winter.  She  is  a  very  nice  cook.  Gussie  helped  her  cook  & 
waited  on  the  table  and  she  certainly  made  good  use  of  her 
time.  She  learned  a  great  deal  &  really  cooks  well  &  waits  on  I 
the  table  beautifully  &  she  is  saving  &  economical  to  the  last  1 
degree. 

.  .  .  We  are  all  well  -  and  find  the  little  post  &  Garrison  very 
pleasant.  We  miss  fruit  very  much  at  least  I  do  -  but  have 
some  fresh  vegetables,  both  companies  have  good  gardens  & 
share  with  us  &  Shoshoni  Dick^^  brought  me  a  nice  pail  of  new 
potatoes  one  day  last  week.  Poor  fellow  -  I  couldn't  bear  to 
take  them  from  him.  he  wouldn't  let  me  pay  him  anything  for 
them.  I  am  in  hopes  to  get  you  a  bow  &  arrows. 

June  10,  1879     Ludlow 

We  are  still  waiting  for  our  things,  they  have  all  been 
shipped  and  some  are  due  here  about  tomorrow,  it  is  very  try- 
ing and  hard  to  wait  patiently.  I  hope  the  next  time  I  write  to 
be  in  our  own  house  .  .  . 

I  wish  you  could  have  some  of  the  magnificent  trout  we 
have  here.  We  get  them  so  fresh  and  caught  in  this  mountain 
stream  constantly  fed  from  melting  snow.  The  flesh  is  solid  & 
firm  &  sweet.  We  get  nothing  else  very  nice  -  no  meat  at  all 
but  beef  &  that  of  the  very  poorest  kind  &  the  commissary  is 
very  poorly  supplied.  The  companies  both  have  a  garden  & 
we  have  had  a  few  fresh  things,  but  whether  we  shall  have 
when  we  get  in  our  own  house  or  not  -  I  don't  know,  of  course 
we  have  no  claim  upon  them. 


50 


The  Indians  still  throng  the  Post,  baby  has  grown  ac- 
customed to  them  &  doesn't  seem  to  notice  them  anymore  .  .  . 

June  22,  1879     Ludlow 

I  send  you  a  postal  card  the  first  of  last  week  telling  you 
that  our  things  had  at  last  come  .  .  .  Our  things  came  in  very 
good  condition,  a  few  have  been  wet  a  little  but  fortunately  all 
white  things  that  could  be  washed  &  the  two  or  three  books 
wet  were  of  no  special  value.  All  our  dishes,  chairs  &  a  bed 
stead  &  springboard  are  on  another  train  expected  in  tomor- 
row. Them  we  shall  see  in  ruins  I  fancy.  We  like  our  house 
very  much,  it  is  very  cheery  &  pleasant.  The  rooms  good  sized 
&  a  splendid  wide  porch.  I  trust  we  may  be  left  in  peaceful 
possession  of  it  while  we  stay  at  this  post  -  but  I  am  fearful  of 
being  moved.  There  is  a  rumor  or  rather  a  pretty  reliable 
report  that  the  stations  of  the  3rd  &  5th  Cavalry  Regiments 
are  to  be  changed  -  which  will  bring  some  of  the  3rd  here  and 
probably  two  Captains  in  which  case  we  shall  doubtless  be 
ranked  out^''  -  as  this  house  is  one  of  the  newest  -  largest  &  best 
here,  but  sufficient  unto  the  day  is  the  evil  there  of  so  we  wont 
worry. 

The  important  event  of  the  week  besides  our  taking  pos- 
session of  our  new  quarters  is  babys  having  cut  two  teeth  last 
Sunday. 

I  have  succeeded  in  getting  a  whistle  for  you  -  which  I  will 
send  by  tomorrows  mail  with  this.  It  is  one  that  the  Indians 


whom  I  got  it  from  used  at  the  Sun  Dance.  The  bone  is  from 
an  Eagles  wing,  it  doesn't  seem  to  make  as  loud  a  noise  as  they 
did  at  the  dance  -  but  then  there  were  sixty  of  them  blowing  at 
once.  I  hoped  to  be  able  to  get  you  one  of  the  Bannack  bows  I 
wrote  you  about  -  but  Major  Upham  has  given  them  all  away, 
he  has  some  arrows  he  will  give  me  &  I  will  try  through  Mr. 
Moore  the  post  trader"  to  get  one  for  you.  he  is  also  Indian 
trader  -  and  a  very  nice  man.  if  he  can't  get  one  I  will  inter- 
view "Shoshoni  Dick",  he  is  a  white  man  who  lives  with  the 
Shoshoni.  he  does  not  know  how  he  is,  neither  his  nationality 
or  his  name,  he  thinks  he  must  have  been  captured  or  lost 
from  some  immigrant  train  when  he  was  very  small  -  and  has 
grown  up  with  the  Indians  and  has  a  squaw  wife  &  children, 
he  has  been  to  the  Dr.  for  treatment  two  or  three  times  &  the 
other  day  he  came  to  report  himself  well  &  to  express  his 
graditude  &  said  he  would  like  to  do  something  for  the  Doc- 
tor, if  he  wanted  anything  from  the  Indians,  he  would  try  to 
get  it.  So  the  next  time  I  see  him  I  will  ask  him. 

Charlie  says  tell  you  he  wishes  you  could  come  out  here  - 
he  thinks  you  would  like  it  -  and  you  could  study  the  "Noble 
red  man"  to  your  hearts  content.  The  dining  room  is  Charlies 
favorite  room  in  this  house  -  there  is  such  a  good  view  of  the 
mountains  from  the  windows. 

.  .  .  Charlie  says  to  tell  you  the  trouble  about  getting  Indian 
curiosities  is  they  charge  so  high  for  them  -  as  soon  as  they  find 
out  anyone  wants  anything,  but  we  will  be  glad  to  get  what  we 


Washakie ,  the  Shoshone  chief,  is 
shown  standing  in  front  of  the  house 
he  built. 


51 


can  for  you.  When  they  come  in  from  their  hunts  you  can  get 
robes  very  cheap  .  .  . 

Tell  Katie  Gussie  read  her  letter.  She  has  another  devoted 
admirer  here.  A  non-commissioned  officer  this  time.  I  expect 
she  will  be  engaged  in  a  week  or  two.  Isn't  it  funny  what  they 
all  see  about  Gussy  &  fall  in  love  with. 

June  29.  1879     Ludlow 

I  am  afraid  you  will  think  the  whistle  is  lost  before  it 
comes.  Charlie  wanted  to  register  it  so  I  waited  till  Monday  to 
send  it  and  then  the  rest  of  our  things  came  &  we  were  too 
busy  to  send  it.  but  it  started  on  the  stage  from  here  Wednes- 
day. Our  bedstead  looked  pretty  hard  when  they  came  but 
nothing  was  broken  &  a  little  varnish  will  repair  all  damages. 

I  enclose  in  this  a  plan  of  our  house,  we  find  it  very  cheer- 
ful &  pleasant.  The  porch  is  so  very  wide  it  makes  a  fine  place 
for  baby  to  play. 

The  past  week  has  been  like  all  the  rest  quiet  &  unevent- 
ful. Monday  the  Bannack  prisoners  went  away  under  escort. 
They  have  gone  back  to  Fort  Hall.^^  They  felt  very  badly  to 
go.  here  they  have  been  in  the  charge  of  the  military.  The 
men  have  had  to  work  for  a  few  hours  every  day  and  they  have 
had  their  regular  rations.  Now  they  go  back  to  their  old  reser- 
vation from  which  they  were  forced  onto  the  war  path  by  ac- 
tual starvation.  They  will  have  nothing  to  eat  and  nothing  to 
do.  Some  of  them  cried  because  they  had  to  go.  We  all  felt  a 
great  deal  of  sympathy  for  them. 

July  13.  1879     Ludlow 

.  .  .  The  Paymaster,  Major  Stanton  was  here  two  or  three 
days,  he  brought  his  daughter,  a  young  girl  of  14  years.  She 
took  her  meals  with  us  and  a  homelier,  more  uninteresting 
girl  I  don't  think  I  ever  saw.  Thursday  afternoon  I  had  Major 
Upham,  Major  Stanton  to  dinner  and  a  very  nice  dinner  we 
had  too  -  considering  where  we  are  .  .  .  Mr.  Moore,  the  Post 
Trader  came  over  one  evening  for  us  to  ride.  We  took  the  lit- 
tle man  &  he  did  have  such  a  good  time.  We  drove  over  to  the 
agency  &  stopped  at  Washakie's  cabin.  The  old  man  came 
out  to  the  carriage  to  see  us  &  told  us  through  Mr.  Moore  as 
interpreter  all  about  his  farm.  Seeming  to  be  particularly 
pleased  with  the  prospects  of  an  abundance  of  watermelons. 
baby  shook  hands  with  him  &  as  we  started  to  come  away  held 
out  his  little  hand  again  for  goodbye. 

I  have  got  a  bow  for  you  Lud.  One  of  those  Bannack  bows 
I  wrote  about.  It  isn't  very  beautiful  -  but  its  the  genuine 
thing.  Major  Upham  gave  it  to  me.  I  will  send  it  when  I  can. 
of  course  it  can't  go  by  mail  and  the  express  charges  would  be 
too  much  from  here.  Mr.  Moore  is  going  east  next  month  and 
I  will  ask  him  to  take  it  as  far  as  Chicago  &  express  from 
there.  Your  signiture  came  back  to  us  so  you  have  the  whistle. 

July  20,  1879     Ludlow 

.  .  .  We  are  very  sorry  about  the  whistle.  Charlie  took  such 
pains  to  put  it  up  carefully  in  a  little  box  so  that  it  might  go 
safely  &  the  beads  not  be  rubbed  off.  I  never  knew  so  many 
things  injured  in  the  mails  as  from  this  post  .  .  . 

As  to  getting  Indian  things  for  you  the  trouble  would  be 
nothing  -  but  they  charge  so  fearfully  for  their  things  ■  they 
are  not  worth  the  money.  You  can't  get  a  war  bonnet  that  is 
one  of  those  feathered  head  dresses  that  come  to  the  ground 


behind  made  of  eagle  feathers  for  less  than  $35.00  -  &  so  with 
all  their  stuff.  They  don't  seem  to  have  the  pretty  bead  tobac- 
co bags  which  the  Sioux  always  carry  &  you  seldom  see  one  of 
those  Indians  with  a  redstone  pipe.  In  fact  -  if  you  saw  them 
by  the  hundreds  every  day  -  men  nasty  &  dirty  &  squaws  still 
more  filthy  standing  about  starring  in  your  windows  &  hang- 
ing around  the  kitchen  ready  to  snatch  up  any  &  every  scrap, 
you  would  be  so  sick  &  tired  of  Indians  I  don't  know  but  you 
would  throw  away  all  the  relics  you  have  got.  I  pity  them  for 
they  are  imposed  upon  &  plundered  &  half  starved,  but  at  the 
same  time  they  are  lazy  &  nasty  &  dirty  ■  &  altogether  a  nu- 
siance  when  one  has  to  have  them  about  all  the  time. 

July  27,  1879     Father 

.  .  .  One  day  is  like  another  we  see  the  same  people  -  &  only 
the  same  four  or  five  -  I  believe  it  would  be  lonely  sometimes 
except  for  baby  .  .  . 

We  like  our  home  very  much  &  enjoy  being  in  our  own 
house  again.  Gussy  does  very  nicely  -  I  have  no  fault  to  find 
with  her,  in  fact  we  are  so  pleasantly  settled  here  ■  I  dread  the 
thought  of  another  break  up  &  move,  particularly  as  the 
climate  is  delightfully  healthy.  The  winter  they  say  are  par- 
ticularly pleasant.  Our  present  garrison  is  very  small.  There 
are  two  companies  but  only  one  officer  present  with  each  - 
Lieut.  Thomas  with  whom  we  staid  so  long  &  with  the  other 
Co.  Lieut.  Wheeler,'"  who  was  also  at  McPherson  when  we 
were  there.  The  commanding  officer  is  Major  Upham  of  the 
5th  Cavalry.  We  like  them  all  -  and  dread  a  change  not  know- 
ing who  may  come  -  and  some  who  might  come  could  make  a 
quiet  isolated  little  post  like  this  very  disagreeable.  Still  we 
must  take  our  chances  -  for  in  September  there  will  be  a 
change.  The  stations  of  the  5th  &  3rd  Cavalry  regiments  are 
to  be  changed  then  &  we  shall  get  two  companies  of  the  3rd 
but  which  Cos.  of  course  we  do  not  know. 

Charlie  has  a  very  nice  hospital  here  new  &  quite  large  -  it 
is  not  entirely  complete  yet  -  but  everything  he  has  asked  for 
to  finish  &  furnish  it  has  been  allowed.  So  he  will  soon  have  it 
just  as  he  wants  it.  His  eyes  are  no  better  -  sometimes  he  thinks 
not  quite  so  well.  The  intense  glare  of  this  treeless  country  is 
very  hard  for  the  eyes  anyway,  even  the  Indians  suffer  from  it. 

We  had  no  mail  at  all  tonight.  I  suppose  the  cars  were 
late  at  Green  River  yesterday  morning  &  the  buck  board  did 
not  wait,  every  other  day  our  mail  comes  in  that  way. 

August  10,  1879     Ludlow 

Poor  Charlie  has  almost  entirely  given  up  reading  at 
night  -  so  I  play  chess  with  him  or  talk  if  I  see  he  doesn't  take  a 
book.  I  think  his  eyes  are  not  so  strong  as  they  were  -  it  must 
be  the  intense  glare,  he  says  they  pain  him  sooner  when  he 
reads  than  they  did.  I  feel  troubled  &  wish  he  could  be  retired 
on  them. 

To  answer  your  last  weeks  letter  Mr.  Moore  left  this 
morning  &  took  the  bow  to  send  by  express  from  some  point 
on  the  R.R.  it  is  a  light  package,  not  a  thing  of  "beauty"  as  I 
said  but  genuine. 

I  don't  know  about  the  Washakie  winters,  accounts  dif- 
fer. We  have  hot  enough  weather  -  98°  today  -  it  sounds 
though  I  did  not  think  of  its  being  hot.  it  is  pretty  cool  to  set 
out  this  evening. 


52 


August  25,  1879     Carrie  (her  niece) 

.  .  .  The  only  lady  here  at  the  post  besides  myself  is  Mrs. 
Thomas.  She  has  two  little  girls  -  NeHie  &  Mollie  about  a  year 
younger  than  you  (Carrie  was  11).  They  are  in  Chicago  with 
their  grandmother  and  every  week  they  write  long  letters  to 
their  mama  &  papa  ...  If  Uncle  Charlie  should  be  ordered 
to  an  eastern  post  next  spring,  you  will  have  to  make  me  a 
visit  .  .  . 

There  have  been  a  great  many  Indians  in  the  Post.  Some 
dressed  very  gay.  I  wonder  what  you  would  think  of  them.  Lit- 
tle Charlie  likes  to  look  at  them  &  go  up  to  them  and  shake 
hands  and  say  how.  One  old  squaw  this  morning  lifted  one  of 
his  pretty  curls  and  said  wano  wano  meaning  good  pretty. 

August  31,  1879     Ludlow 

I  am  glad  you  received  the  bow  all  safe.  &  that  the  ex- 
press charges  were  so  little.  I  did  not  think  they  would  be 
much,  but  I  never  heard  of  anything  quite  so  cheap.  I  have 
heard  of  one  or  rather  part  of  one  stone  arrowhead  found  in 
this  vicinity.  Charlie  was  called  to  attend  a  lady  at  Lander  a 
little  settlement  some  eighteen  miles  from  here  &  he  saw  this, 
it  was  the  point  so  he  could  not  tell  whether  it  had  a  flat  or 
barbed  base. 

We  had  heard  a  rumor  of  a  place  some  eight  or  ten  miles 
from  here  -  where  fossils  are  to  be  found  fish  etc.  if  we  find  it 
is  so  we  are  going  out  to  get  some.  There  are  a  great  many 
curious  things  about  here  -  we  went  a  few  evenings  ago  to  see 
three  natural  curiosities  all  within  3/4  mile  of  each  other,  one 
a  gypsum  mound  -  or  rather  a  very  curious  place  where  the 
different  strata  of  rock  for  probably  three  or  four  hundred 
feet  in  depth  -  have  been  thrown  up  almost  perpendicular. 


You  can  walk  along  the  base  for  easy  that  distance  &  trace  the 
strata  standing  on  edge.  Several  different  kinds  of  gypsum 
limestone  -  a  beautiful  soft  greenish  grey  clay,  a  very  soft  grey 
stone  -  in  which  are  countless  numbers  of  small  green  fossil 
shells  &  in  one  part  -  a  sort  of  red  clay  -  full  of  curious  lumps 
of  Gypsum  -  beautiful  white  like  salt,  iron  &  copper  pyrites  & 
chrystals.  it  is  a  very  curious  place  -  and  Charlie  &  Major 
Upham  are  greatly  interested  in  studying  out  the  different 
strata  particularly  the  Major  -  he  has  nothing  to  do  -  and  it  is 
funny  to  see  him  mussing  over  those  rocks  forming  lime  & 
plaster  of  Paris  -  washing  out  copper  &  Iron  &  chrystals  &  oil- 
ing up  clay  and  making  casts  &  cups,  he  said  yesterday  he  was 
going  to  make  me  a  set  of  coffee  cups.  Well  -  this  queer  place 
we  went  to  a  little  way  from  there  is  a  tar  spring. ^^ 
Asphaltrum  I  suppose  it  is  -  all  the  tar  used  here  at  the  post 
for  fence  posts  &  etc  they  get  here.  There  is  any  quantity  of  it 
in  an  immense  big  place  &  how  deep  no  one  knows,  in  some 
places  very  hard  on  others  yielding  to  the  hand  &  in  others 
still  liquid  -  The  other  curiosity  is  the  hot  spring  I  have  told 
you  of. 

We  are  all  well  and  quiet  as  usual  seeing  no  one  from 
month  to  month  but  just  our  little  garrison  .  .  . 

By  the  way,  Charlie  sent  a  box  of  these  little  fossil  shells  to 
Prof.  Marsh"  asking  him  whether  they  were  salt  or  fresh 
water  shells  &  what,  he  says  to  tell  you  he  doesn't  know  yet 
whether  he  has  found  a  "horses"  tooth  or  not. 

September  9,  1879     Ludlow 

.  .  .  We  are  sadly  in  need  of  rain.  The  dust  dreadful  -  there 
are  large  fires  on  the  mountains,  and  with  the  dust  &  smoke 
some  days  we  can't  see  even  the  foot  hills. 


Fort  Washakie,  1879 


53 


Mr.  Moore  is  the  Indian  Trader  &  buys  any  quantity  of 
robes  from  them  but  I  think  they  are  mostly  bought  in  the 
spring.  Charhe  thinks  you  could  get  a  pair  in  New  York  as 
cheap  as  to  buy  them  here  &  express  east,  but  I  will  ask  Mr. 
Moore  when  he  returns  &  see  what  we  can  get  a  nice  pair  for. 
.  .  .  An  Indian  brought  some  trout  here  yesterday  two  meas- 
ured 18  inches  each.  I  took  the  smaller  ones  tho  they  are 
sweeter  &  better  about  8  or  ten  inches.  I  don't  know  what  they 
weighted  I  have  no  scale. 

September  14,  1879     Father 

.  .  .  How  I  should  enjoy  having  you  all  come  &  spend  your 

summer  vacations  with  us  &  possible  next  summer  it  may  be. 

though  the  Dept  of  the  East  is  so  large  we  may  be  somewhere 

on  the  Upper  Lakes^"  -  not  much  more  acessable  than  we  are 

here. 

The  probability  now  is  that  there  will  not  be  any  change 
in  our  garrison  this  winter  that  is  -  no  change  of  companies, 
some  officers  who  are  on  leave  will  probably  soon  return  but 
we  are  not  likely  to  have  any  more  ladies.  There  is  one  besides 
myself  -  Mrs.  Thomas,  where  we  staid  so  long  .  .  . 

Charlie  has  a  little  private  practise  here,  he  has  been  to 
Lander  lately,  a  small  settlement  about  17  miles  off.  one 
broken  leg  case,  I  think  he  has  had  two  citizens  sick  in  hospital 
for  some  weeks  of  course  there  is  no  physician  anywhere  near- 
er than  Green  River  &  a  very  poor  one  there. 
...  I  often  wonder  that  we  are  so  contented  here.  Still  it  is 
home  while  we  are  here  and  our  house  is  very  comfortable  & 
nice.  We  never  had  such  nice  quarters  before.  I  shall  feel  bad- 
ly to  give  them  up  -  for  if  we  went  east  we  couldn't  hope  for 
anything  so  good  at  any  eastern  post.  We  have  a  large  open 
fireplace  in  our  parlor  which  will  be  very  cheerful  for  the 
wanter. 

September  14,  1879     Ludlow 

How  I  wish  we  could  have  some  of  your  fruit  &  vegeta- 
bles. Yesterday  we  had  a  little  box  of  fruit  sent  to  us.  Mr. 
Moore  -  our  post  trader  -  who  is  east  sent  it  -  I  suppose  from 
Chicago,  a  taste  for  each  of  the  officers  and  we  are  as  careful 
of  it  -  There  were  four  pears  -  a  bunch  of  grapes  three  or  four 
apples  &  a  doz  or  1 5  plums.  It  was  very  kind  of  him  -  as  it  is  all 
we  shall  see  -  it  is  a  treat.  The  little  corn  we  have  has  been 
poor  &  tomatoes  dito.  just  as  they  began  to  ripen  we  had  a 
hard  frost  that  killed  all  the  vines  tomatoes  cucumbers  & 
everything  of  that  kind. 

This  dry  weather  continues  with  great  fires  on  the  moun- 
tains. We  can't  see  even  the  foot  hills  -  for  the  smoke  &  dust,  it 
will  make  it  hard  for  cattle  this  winter  the  grass  is  all  dried  up. 

September  21,  1879     Ludlow 

Your  letter  came  tonight.  I  will  send  you  some  of  the  little 
fossil  shells  -  a  letter  from  Prof.  Marsh  tonight  says  "Most  of 
them  are  Trigomia,^'  which  indicates  the  Mesozoic  forma- 
tion." So  they  are  not  fresh  water  shells,  these  little  things  are 
all  we  have  found  so  far  -  but  they  belong  to  the  same  period 
with  many  beautiful  chambered  shells  and  fish  &  reptiles  if 
one  has  the  time  &  someone  to  do  the  hand  digging  no  doubt 
a  great  deal  could  be  found  about  here.  We  shall  try  again 
but  I  have  so  much  to  keep  me  ...  I  would  like  to  go  out  often 
&  camp  a  day  or  so  in  the  canons  and  see  what  one  could  find. 


but  of  course  we  are  just  the  ones  who  can't  go.  A  physician 
never  can  leave  home,  if  someone  isn't  sick  -  someone  expects 
to  be  -  or  might  be. 

September  30,  1879     Ludlow 

I  have  the  fossils  already  sent  &  will  try  .to  get  them  off 
tomorrow,  they  are  just  the  same  ones  as  Charlie  sent  to  Prof. 
Marsh.  The  whole  rock  is  just  alike.  We  haven't  been  down 
there  again.  Charlie  is  very  busy  -  he  has  more  or  less  sick  in 
the  hospital  all  the  time  &  in  garrison  &  some  private  practise, 
tomorrow  he  goes  to  Lander  again  .  .  . 

October  9,  1879     Ludlow 

I  hope  you  wont  worry  at  my  weekly  letter  being  delayed, 
we  are  all  well,  but  Mrs.  Thomas'  baby  is  very  sick  &  has  been 
for  a  week  past.  I  try  to  be  there  all  I  can  but  it  is  only  when 
my  boy  is  asleep  I  can  go  &  Charlie  is  there  five  or  six  times  a 
day.  Mr.  Thomas  has  been  out  with  his  company  for  two 
months  &  some  of  the  family  have  been  sick  nearly  all  the 
time.^^  This  baby  is  nine  months  old  today  &  has  no  teeth. 
The  second  day  of  his  sickness  he  had  convulsions.  Charlie  has 
had  very  little  hope  of  him  from  the  first  but  he  is  a  little  bet- 
ter. Mr.  Thomas  can't  get  home  before  the  last  of  the  month 
and  it  seems  all  the  more  dreadful  to  have  the  child  die  &  he 
away.  Mrs.  Thomas  said  this  morning  -  she  was  so  thankful 
that  the  Doctor  was  here  for  she  had  perfect  confidence  that 
everything  would  be  done  that  human  power  could  do.  but  it 
is  a  fearful  responsibility.  I  realize  as  I  never  used  to  what  a 
physicians  life  is.  Charlie  has  had  two  citizen  patients  in 
Hospital  since  we  have  been  here  -  one  with  double  "Pneumo- 
nia" &  one  with  typhoid  fever,  both  as  near  death  as  men 
could  be  and  live,  they  are  both  up  and  convalescent  now  if  he 
can  save  this  dear  little  baby,  I  shall  feel  so  thankful. 

Of  course  we  are  all  greatly  excited  over  this  fearful  In- 
dian business  again. '^  Knowing  the  officers  wounded  &  killed 
makes  it  seem  more  real.  Dr.  Grimes  Charlie  relieved  here,  he 
is  an  Act.  Asst  Surgeon.  Lieut.  Paddock  &  Capt.  Lawson  we 
know  &  also  Thornburgh  killed.  ^*  We  had  no  news  last  night 
and  don't  know  yet  whether  Genl  Merritt  reached  the  little 
party  in  time.^*  I  hate  the  sight  of  an  Indian  ever  since  this 
news  came.  I  suppose  these  here  are  all  friendly  but  they  are 
all  Indians.  Sunday  Old  Washakie  &  Black  Coal  (Arapahoe) 
with  some  twenty  or  thirty  sub  chiefs  had  a  council  on  Major 
Uphams  porch  &  Washakie  sent  word  to  Genl  Crooke'*  that  if 
he  needed  them  he  might  rely  on  him  to  send  out  as  many  of 
his  Shoshoni  braves  as  he  wanted.  I  don't  know  whether  Black 
Coal  would  do  as  much  with  the  Arapahoes  or  not. 
.  .  .  Don't  worry  about  us  -  we  are  in  no  danger  here.  And 
thank  God,  all  are  well.  The  little  baby  is  better  this  evening. 

October  14,  1879     Ludlow 

The  baby  that  was  so  sick  when  I  wrote  last  is  better  a 
good  deal  better.  Charlie  thinks  now  he  will  get  well  but  for 
days  we  scarcely  dared  hope  -  that  Mr.  Thomas  would  find 
him  alive  when  he  came. 

We  are  having  glorious  weather,  warm  &  bright  -  the 
mountains  are  grand  too  in  their  whiteness,  the  snow  must  be 
very  deep  in  some  places,  at  Stambaugh  last  week  there  was  a 
dreadful  snowstorm  -  one  of  our  officers  was  over  there  two  or 
three  days  &  came  through  dreadful  drifts  coming  back. 


54 


\MH  DEPARTMENT  PHOl  OGRM'HS 


/.  K.  Moore  was  post  trader  at  Fort  Washakie  for  many  years.  His  store  was  the  main  trading  post  on  the  Wind  River 
Reservation. 


October  19,  1879     Father 

The  little  baby  of  Mrs.  Thomas  who  was  sick  when  I 
wrote  Gus  is  still  very  sick  has  been  worse,  but  this  morning 
seems  brighter  again.  We  try  to  hope  it  will  get  well  -  but 
Charlie  really  has  little  expectation  of  it.  A  courier  was  sent 
out  yesterday  morning  to  find  Mr.  Thomas  if  possible  &  if  he 
is  where  he  expected  to  be  about  this  time.  The  man  thought 
he  could  reach  him  in  three  days.  Mrs.  Thomas  bears  up  won- 
derfully but  it  is  very  sad.  and  you  can  imagine  we  all  feel  very 
anxious,  so  few  of  us  away  off  here,  can't  but  share  each 
others  troubles. 

Mr.  Moore  has  returned,  he  regretted  not  seeing  either  of 
you  -  If  he  had  had  your  address,  he  would  have  sent  you  a 
note  .  .  .  but  he  was  very  busy  all  the  time,  he  has  to  lay  in  a 
very  large  stock  of  goods  in  the  fall  while  the  roads  are  open, 
everything  almost  for  a  year,  he  keeps  a  very  nice  stock  of 
goods  &  is  Indian  Trader  besides  you  know  -  &  has  to  have  so 
much  stuff  for  them  trinkets,  beads,  etc. 

We  don't  expect  any  change  of  garrison  here  this  fall  - 
fortunately  we  are  a  safe  distance  from  the  Ute  country.  We 
like  it  here  and  Charlie  has  some  outside  practice.  We  rather 
dread  the  thought  of  a  move  in  the  spring,  our  house  is  so 
pleasant.  Charlie  will  be  a  Captain  next  month.  It  will  be  five 
years  since  he  entered. 

.  .  .  Another  mail  &  not  a  line  from  anybody.  I  wish  our 
friends  all  had  to  be  away  off  here  a  few  years  &  see  how  they 
would  like  to  be  entirely  forgotten. 

October  21,  1879     Ludlow 

We  are  all  well  -  baby  entirely  over  his  little  trouble  & 
bright  &  cunning  as  possible.  Weather  beautiful. 

Baby  Thomas  not  so  well  again,  very  doubtful  if  he  lives 
many  days.  Mr.  Thomas  was  sent  for  &  got  in  yesterday. 

November  4,  1879     Ludlow 

.  .  .  Charlie  &  Major  Upham  went  to  the  lime  kiln  today ^but 
could  not  find  anything  of  any  consequence.  I  sent  a  little 
piece  of  what  they  did  find  -  and  all  the  rock  is  just  the  same 
as  this  piece,  it  is  as  you  will  see  very  hard  &  it  was  difficult  to 
break  it.  Charlie  said  tonight  he  believed  he  would  send  a 


piece  of  it  to  Prof.  Marsh  just  for  the  satisfaction  of  knowing 
what  it  is. 

Please  tell  us  what  a  "Chatauqua"  reading  club  is. 
Remember  we  live  in  the  Rocky  Mountains  &  are  not  posted. 

You  know  I  had  never  had  a  line  from  Mary  Frey  since 
baby  was  bom  or  long  before.  Well  one  night  last  week  I  was 
surprised  by  a  letter  from  her.  The  principle  thing  in  which 
was  a  proposal  to  come  and  spend  the  winter  with  us.  She  said 
she  had  been  thinking  she  would  like  to  be  with  me  this  winter 
&  if  she  could  raise  the  money  &  I  would  tell  her  how  she 
could  reach  here,  she  would  like  to  come  if  agreeable  with  us 
...  I  replied  telling  her  that  we  did  not  consider  the  journey 
safe  for  a  lady  alone  at  any  season  of  the  year,  and  not  safe  at 
this  season  anyway.  There  was  danger  of  being  overtaken  by 
mountain  storms  &  perhaps  snowed  in  at  Stambaugh  for  days 
often  happens  -  and  there  is  no  one  there  at  all  but  a  tele- 
graph operator  &  one  other  man.  I  gave  her  all  the  facts  of 
the  journey  &  also  told  her  that  the  expense  of  the  journey 
from  New  York  here  could  be  scarcely  less  than  $175.00  .  .  . 

November  11,  1879     Ludlow 

.  .  .  We  are  just  now  reading  English  History  (Macaulay) 
whether  anyone  else  at  the  Post  is  reading  anything  at  all  -  I 
don't  know  -  doubtful  I  guess.  It  would  be  pleasant  at  an  out 
of  the  way  place  like  this  to  have  a  reading  club,  but  as  a  rule 
Army  Officers  don't  read  -  so  far  as  I  know.  They  don't  do 
anything  but  play  "poker"  &  loaf. 

I  don't  pretend  to  read  in  the  day  time  -  except  Mother 
Goose  -  or  "The  Night  Before  Christmas"  -  or  some  other  little 
classic  for  Boppers  edification.  I  guess  Charlie  has  read  more 
"Mother  Goose"  this  fall  than  ever  in  his  life  before  -  I  always 
used  to  tell  him  that  his  education  had  been  neglected  ... 

Charlie  is  at  last  a  Captain.  It  was  five  years  yesterday 
since  he  entered  the  army. 

The  little  baby  is  better  and  if  nothing  more  sets  in  will 
get  better,  it  seems  hardly  possible  for  he  was  the  sickest  child 
alive  I  ever  saw  for  so  long. 

November  19,  1879     Ludlow 

I  don't  think  Gussy  has  any  idea  of  leaving  me  -  certainly 

55 


not  this  winter  and  I  think  she  will  probably  stay  while  we  are 
here.  She  did  a  very  silly  thing  and  not  at  all  right  to  go  off  as 
she  did  &  get  married,  but  she  has  got  a  first  rate  man  for  a 
husband,  perfectly  temperate  &  steady  with  a  little  something 
laid  by.  he  is  an  engineer  by  trade  and  does  not  mean  to  re- 
enlist  when  his  time  expires.  He  has  the  promise  of  work  on 
the  U.P.R.R.  I  believe  &  I  believe  they  expect  to  live  in 
Laramie. 

.  .  .  Would  you  while  I  think  of  it  like  some  specimens  of  the 
Indian  beads  of  the  present  Indians  to  compare  with  your  an- 
cient ones.  I  can  send  you  some  from  the  store. 

We  are  invited  out  to  dine  on  Thanksgiving  at  the  mess  - 
or  rather  Lieut.  Wheelers  he  is  a  bachelor  &  keeps  the  mess, 
but  I  believe  it  is  his  dinner  party  -  he  has  a  colored  man  -  who 
has  cooked  for  him  a  great  while  &  is  a  very  superior  cook  I 
believe,  he  is  making  preparations  for  a  splendid  spread.  I 
don't  know  what  will  be  done  on  Christmas.  I  am  going  to 
give  a  New  Years  Lunch  to  the  garrison  &  Mr.  Moores  family 
only  twelve  in  all.  but  I  shall  try  to  have  as  eleborate  a  lunch 
as  possible  here.  Mr.  Moore  gets  a  good  many  nice  things  for 
us  ■  they  are  very  nice  people,  his  sister  is  with  them  this 
winter,  not  young  but  a  very  pleasant  girl. 

November  30.  1879     Ludlow 

.  .  .  We  are  all  well  and  having  a  peaceful  quiet  time  in  our 
winter  quarters  seldom  seeing  a  soul  even  of  our  small  gar- 
rison. No  one  seems  socially  inclined.  We  all  met  at  the  din- 
ner party  Thanksgfiving  Day.  it  was  meant  to  be  a  very  nice 
dinner  -  there  were  a  good  many  courses,  but  we  are  very 
much  disappointed  in  Mr.  Wheelers  cook  of  who's  skill  we 


had  heard  great  praises,  but  most  every  one  else  seemed  to  eat 
as  they  liked  it. 

December  9,  1879     Ludlow 

.  .  .  You  ought  not  to  say  "nothing  to  write  "  for  you  do  see  a 
few  people  -  and  hear  &  know  a  little  of  the  outside  world,  but 
it  is  a  positive  fact  that  not  a  soul  has  come  to  this  post  since 
last  August  ■  except  two  officers  who  if  possible  are  less  in- 
teresting than  those  who  were  here,  not  even  the  Paymaster 
comes  which  is  an  outrage  as  the  men  have  already  four 
months  pay  due  them. 

Charlie  sent  some  of  that  fossil  rock  from  the  lime  kiln, 
such  as  I  sent  you,  to  Prof.  Marsh,  he  has  received  it  as  we 
have  the  return  register.  I  will  write  you  what  he  says  about  it 
when  we  hear  from  him. 

December  25,  1879     Ludlow 

Charlie  and  I  have  come  to  the  conclusion  that  we  are 
glad  Xmas  comes  once  a  year,  for  it  has  been  a  lively  day  I  tell 
you.  Bopper  was  loaded  with  presents,  so  many  that  he  had 
no  idea  what  to  do  with  them  all.  he  flitted  about  like  a  bird 
from  one  thing  to  another  till  he  was  tired  out  and  his  parents 
too  except  that  I  insisted  upon  his  usual  noon  day  nap  he 
would  have  been  tired  out  to  death. 

Mrs.  Thomas  had  a  tree  last  night  for  Georgie  and  in- 
vited all  the  children.  It  was  to  be  lighted  at  five  o'clock  and 
baby  was  to  go  of  course  -  when  yesterday  morning  her  baby 
broke  out  with  measles  so  of  course  he  couldn't  go  and  didn't 
remember  anything  about  its  having  been  promised  him.  un- 
til this  afternoon  when  I  was  drawing  him  on  the  porch  -  he 


The  hospital  was  a  new  building  when  Dr.  Winne  served  at  the  post  in  1879-80.  This  tum-of-the-century  photograph 
was  made  by  the  Department  of  the  Army. 


56 


saw  some  evergreens  up  by  their  house  -  and  he  looked  up  at 
me  with  such  a  disappointed  look  and  insisted  upon  going  at 
once.  I  had  to  bring  him  in  to  divert  him  from  it. 

There  has  been  a  great  deal  of  measles  among  the  In- 
dians and  at  the  agency  and  at  Lander  &  two  soldiers  in  the 
Hospital  with  it  but  Charlie  has  been  exceedingly  careful  &  so 
far  baby  has  escaped  -  Still  I  have  no  doubt  he  will  have  it. 

The  little  boy  has  talked  a  great  deal  about  Santa  Claus 
coming  dovvm  the  chimney  to  fill  his  stocking  and  was  very 
much  interested  &  amused  when  I  brought  out  a  pair  of  little 
red  stockings  &  pinned  them  up  over  the  fire-place.  This 
morning  he  woke  early  &  I  thought  would  insist  upon  seeing 
his  stocking  but  he  didn't  &  I  dressed  him  as  usual,  and  when 
we  were  all  ready  opened  the  door,  you  should  have  seen  his 
eyes  stick  out.  The  room  looked  like  a  toy  shop  and  some  of 
the  things  are  beautiful  of  their  kind  -  I  never  saw  more  Xmas 
giving  then  there  has  been  here.  Mr.  Moore  had  a  large 
assortment  of  very  nice  toys  &  fancy  things,  and  the  men  have 
bought  without  limit,  the  Thomas  children  were  loaded  with 
beautiful  things  by  the  men  of  their  fathers  company,  and 
laundress  children  too  had  no  end  of  things. 

Baby  had  nothing  in  that  way  of  course  except  Sergeant 
Divine  (Gussies  husband)^'  gave  him  a  large  &  very  handsome 
set  of  ten  pins  &  a  large  humming  top.  and  a  man  who  lives 
with  Major  Upham  bought  him  today  a  very  pretty  plated 
knife  &  fork.  I  was  sorry  to  have  either  of  them  do  it  but  they 
would  have  been  greatly  hurt  if  I  refused  their  gifts. 

We  wished  for  you  to  share  our  turkey  &  fixings  this  after- 
noon. Gussy  got  up  such  a  nice  dinner  every  bit  of  it  her  self 
except  the  cake  &  mince  pie  I  made  yesterday,  we  had  oyster 
soup,  Roast  turkey  &  cranberries,  3  kinds  of  vegetables,  hot 
French  rolls,  pickles,  mince  pie.  Ice  creme  &  cake  &  coffee. 
The  stewards  wife^'  sent  me  over  a  qt  of  thick  creme  this 
morning.  Gussy  is  certainly  a  very  nice  cook.  I  hate  to  think  I 
must  loose  her. 

I  don't  know  when  this  letter  will  go.  Tuesday  nights  mail 
came  in  yesterday  morning  -  and  we  have  had  none  since  nor 
is  one  expected  before  tomorrow  night,  it  is  reported  today 
that  the  mail  is  blocked  on  the  mountains  somewhere.  I  don't 
know  how  the  report  came  -  but  probably  by  horseback  from 
Stambaugh.  We  have  had  intense  cold  for  some  days.  Yester- 
day morning  at  seven  o'clock  32  °  below  -  but  we  have  not  felt 
it  in  the  house  and  the  boy  has  only  been  kept  in  one  day. 
Friday  Morning  - 

All  well  this  morning  -  no  measles  as  yet.  It  is  warmer 
only  5  °  above,  a  bright  beautiful  vvdnter  morning.  I  will  finish 
this  when  there  is  any  chance  of  the  mail  going  out. 
Saturday  - 

The  mail  came  in  last  evening  late  -  and  brought  your 
beautiful  letter  to  Bopper.  and  another  train  of  cars  for  him. 
he  is  delighted  with  his  letter  and  sends  a  kiss  to  Uncle  &  Aun- 
tie. Much  warmer  this  morning  and  all  well. 

Boppers  Xmas  Presents     1879 

Mama  &  Papa  -  Beautiful  saddle  horse  on  wheels,  set  of 
nine  pins,  book  -  Under  the  Window,  Whip,  Driving  reins 
with  bells;  Grandma  Winne  -  Box  building  blocks,  transp_ar- 
ent  slate,  set  of  magnetic  toys  (fish  &  ducks),  Chinese  straw 
bird  whistle;  Mrs.  Armsby  -  Wax  doll,  toy  watch  &  chain, 
rubber  ball,  picture  book  -  (Mother  Hubbard),  picture  book 


-  (4  &  20  Blackbirds);  Mrs.  Yiels,  Albany  -  Magic  Mother 
Goose  Melodies,  a  beautiful  book. 

Gus  -  Book  -Jennie  Wren;  Etta  -  Book  -  The  Picture  Al- 
phabet; a  lovely  collar  -  Carries  own  work;  Christmas  Cards, 
Xmas  tree  book  -  Hoboken;  Box  of  candy  -  father;  Savings 
bank  -  Lieut  Wheeler;  Train  of  cars  -  Lieut.  Waite;  Mouth 
Organ  -  Capt.  Forbush;  Creedmoor  bank  -  Major  Upham. 

Beautiful  large  wheel  barrow  &  whip  -  Mrs.  Moore;  Tin 
market  wagon  &  horses  -  Miss  Moore;  Large  red,  white,  & 
blue  ball  and  dog  in  a  hoop  ■  Gussie;  Large  set  of  ten  pins  & 
humming  top  -  Sergeant  Divine;  Whip  &  card  of  paper  sol- 
diers -  Mrs.  Thomas;  Knife  &  Fork  -  O'Grady;  Train  of  Cars. 


January  2,  1880     Ludlow 

Well  yesterday  was  New  Years  and  our  lunch  party  was  a 
decided  success.  Everyone  came  officers  in  full  dress  and 
everything  was  very  nice.  My  dining  table  could  not  seat  all  - 
so  I  got  another  table  and  set  them  in  this  way.  it  looked  pret- 
ty too.  Bopper  came  up  to  the  table  &  behaved  like  a  little 
gentleman,  he  got  tired  toward  the  last  and  I  let  him  go  out  to 
the  kitchen,  but  while  he  staid  he  was  no  trouble  at  all  &  en- 
joyed it  as  much  as  anyone,  he  certainly  is  a  good  little  fellow. 
After  lunch  was  over  he  came  back  into  the  parlor  and  he  did 
so  behave  so  finely  doing  what  he  could  to  entertain  his 
mamas  guests.  The  officers  pet  him  a  great  deal  always  -  and 
of  course  asked  him  about  his  Christmas  and  in  such  a  pretty 
half  shy  way  he  would  go  &  get  a  book  or  something  he  par- 
ticularly likes  &  give  it  to  one  or  the  other  of  them.  Your  pic- 
ture letter  he  took  first  to  Major  Upham  &  opened  it  & 
showed  him  all  the  pictures  &  told  him  as  well  as  he  could 
what  they  were.  I  never  saw  him  behave  prettier.  His  papa 
was  wonderfully  proud  of  him. 

I  suppose  Dell  would  like  to  know  what  can  be  got  for 
lunch  away  up  here.  So  I  will  tell  you  -  what  I  tried  to  have  & 
couldn't  and  what  I  finally  did  have. 

Mr.  Moore  could  not  get  me  any  quail  or  grapes,  the 
grapes  I  gave  up.  but  Charlie  was  set  upon  having  quail  so  he 
wrote  to  a  friend  in  Omaha  to  get  them  if  possible  &  send  by 
express.  He  finally  succeeded  in  getting  some  &  sent  them  in 
time  to  have  been  here  Wednesday  night  but  they  are  still  on 
the  road  some  where  -  so  we  did  not  have  any  quail,  and  the 
celery  in  the  garden  all  froze  solid  in  that  very  cold  weather  - 
so  we  didn't  have  chicken  salad,  but  we  did  have 

Fried  oysters  -  first  -  then  Roast  turkey  -  pickled  oysters, 
shrimp  salad  -  cranberry  jelly,  pickeled  peaches  -  cucumber 
pickels  -  elegant  french  rolls  ■  &  bread  &  butter  -  and  elegant 
coffee  -  then  the  table  was  cleared  -  and  I  had  delicious  ice 
creme  -  coconut  cake  (fresh  coconut)  -  fruit  cake  -  almond 
cake  -  citron  cake  &  sponge  cake.  Coffee.  Oranges,  pears,  ap- 
ples and  everything  was  very  nice  of  its  kind.  The  Stewards 
wife  helped  me  with  the  cake  and  I  made  the  salad  dressing 
and  pickeled  the  oysters,  but  Gussie  roasted  the  turkey  and 
did  all  the  rest  &  waited  on  the  table  beautifully.  And  after  we 
were  through  she  had  her  party  The  Sergeant  -  and  the 
Steward  &  his  wife.  They  enjoyed  it. 

Saturday  night  -  the  mail  is  just  in  bringing  from  father 
and  our  New  Years  quail,  eight  days  from  Omaha  -  but  it  is 
aggravating.  I  suppose  they  have  laid  in  Green  River.  This 
stage  CO.  do  as  they  please  -  for  it  is  ride  with  us  or  walk. 


57 


^'^~ 


Black  Coal 


*->s 


{i*'*'*^  •   'A    \ 


Friday 


January  13,  1880     Ludlow 

.  .  .  This  has  been  a  dreadful  day.  I  have  never  known  such  a 
wind  here.  In  Sidney  I  have  seen  such  but  never  here.  The 
whole  surface  of  the  ground  looks  as  if  it  had  been  swept  with 
a  stiff  broom  every  bit  of  dusy  &  loose  pebbles  has  been  blown 
away.  You  have  no  idea  of  these  winds  -  for  at  the  east  there  is 
a  lull  sometimes  but  here  it  is  one  steady  blow  for  hours 
together.  &  the  dust  penetrates  everywhere. 

Well  it  is  eight  months  today  since  we  arrived  at  Wash- 
akie and  probably  in  about  four  months  more  we  will  be 
packing  up  to  go  somewhere  else. 

January  23,  1880     Ludlow 

There  is  nothing  special  to  write  about  -  the  great  event 
of  the  week  has  been  the  arrival  of  the  Paymaster  at  last  -  the 
troops  have  not  been  paid  in  six  months  -  so  to  them  it  was 
quite  an  event  &  to  us  it  was  something  to  see  a  new  face  - 
some  one  from  the  outside  world.  Major  Wingard  is  a  very 
pleasant  elderly  man  -  he  spent  an  evening  with  us  &  was  ex- 
ceedingly entertaining,  he  has  been  stationed  on  the  Pacific 
Coast  a  g^eat  deal.  Says  he  has  seen  every  Post  from  the 
border  of  Mexico  to  Sitka. '^  he  was  there  once. 

January  26,  1880     Ludlow 

Your  letter  received  tonight  &  was  all  of  our  mail.  As  to 
the  rumor  about  our  coming  east  -  you  know  about  all  there  is 
to  know  about  it.  I  am  sure  I  have  told  you  several  times  that 
Charlie  only  came  back  to  this  Dept.  to  serve  out  the  re- 
mainder of  his  detail  in  the  Dept.  the  time  he  was  on  leave  if 
just  the  year  is  counted  and  he  is  ordered  as  all  other  medical 
officers  have  been  from  this  Dept.  to  the  Dept.  of  the  East 
-  why  we  shall  go  east  in  the  late  spring  or  early  summer.  This 
we  expect  to  do  but  when  exactly  is  more  than  I  know.  The 
Dept.  of  the  East  is  large  and  the  Posts  as  a  rule  disagreeable 
&  quarters  bad.  So  we  don't  anticipate  anything  very  delight- 
ful tho  we  may  get  a  pleasant  post.  Charlie  is  a  Captain  now 
and  the  additional  rank  will  give  him  more  of  a  chance  of 
course. 

...  It  has  been  a  wonderful  winter.  I  never  saw  anything  like 
it.  We  had  been  fearful  of  no  ice  here  as  they  never  put  it  in 
before  the  end  of  January.  &  so  let  that  very  cold  snap  pass 
but  last  week  they  put  it  in  such  as  it  is.  I  believe  they  shaved  it 
off  both  sides  &  the  middle  was  still  solid. 

February  5,  1880     Ludlow 

Your  letter  came  as  usual  Monday  -  but  I  have  not  been 
able  to  write  before  -  having  been  more  than  usually  busy  - 
and  when  evening  came  ■  tired.  A  very  small  boy  arrived 
unexpectedly  at  the  Moores  Monday  night  ■  and  Mrs.  Thomas 
&  I  have  been  obliged  to  be  there  more  or  less  every  day  since. 

Our  garrison  is  beginning  to  break  up.  Mr.  Thomas  was 
ordered  by  telegram  to  go  to  Rawlins'"'  (on  the  RR)  as  QM  of- 
ficer there  -  and  left  this  morning.  She  will  go  -  as  soon  as  it  is 
safe  to  go  with  the  baby  over  the  mountains  probably  next 
month  which  will  leave  me  the  only  lady  at  the  Post.  The  sup- 
position is  that  a  large  Depot  of  supplies  is  to  be  established  at 
Rawlins  &  troops  concentrated  there  preparatory  to  the  Ute 
war  next  summer  ■  for  a  war  there  will  doubtless  be  -  was 
there  ever  such  a  farce  as  that  whole  business  has  been  -  it  is 
altogether  disgusting. 


58 


February  11,  1880     Ludlow 

Yesterday  I  drove  down  to  the  hot  spring  with  Mr.  &  Miss 
Moore  &  we  ladies  went  in.  The  bath  houses  have  been  fixed 
up  a  little  so  ladies  can  go  in  very  comfortably,  there  was  a 
strong  east  wind  blowing  so  the  water  was  cooler  than  usual  & 
very  delightful  -  but  I  shouldn't  want  to  try  when  it  was  much 
warmer,  some  of  the  very  cold  days  this  winter  we  have  seen 
the  steam  from  the  spring  rise  in  a  solid  white  cloud  as  high  as 
the  bluffs  beyond  it  &  the  spring  you  know  is  two  miles  from 
the  post. 

February  15,  1880     Father 

...  I  have  no  patience  with  the  U.S.  Government  in  any  of  its 

branches.  Civil  or  Military  the  whole  thing  is  corrupt  &  rotten 

through  &  through.  Such  a  mess  as  has  been  made  of  this  Ute 

Indian  business  this  winter  is  disgusting  and  the  poor  army 

will  have  to  suffer  &  settle  it  next  summer. 

...  I  wish  I  had  something  to  write  but  there  is  positively 

nothing  -  I  shall  soon  be  the  only  lady  here  in  garrison.  Mr. 

Thomas  has  been  ordered  away  and  gone.  &  his  family  will  go 

as  soon  as  it  is  safe  to  go  over  the  mountains  with  children.  I 

suppose  we  shall  go  too  by  June  tho  we  know  nothing  as  of  yet. 

February  20,  1880     Ludlow 

...  I  don't  write  many  letters  either  for  there  is  literally 
nothing  to  write  about.  I  doubt  if  ever  on  the  frontier  it  would 
be  possible  to  find  a  post  where  there  was  so  little  to  interest 
even  the  garrison  and  nothing  to  interest  anyone  outside. 

The  paper^'  in  the  March  number  of  Harpers  on  the  "Ar- 
rappahoes"  is  written  by  an  acquaintance  of  ours,  he  was  at 
Sidney  when  we  first  went  there  -  we  dined  at  his  house  that 
Xmas.  And  these  Indians  are  the  ones  we  see  most  every  day.  I 
saw  both  "Sharp  Nose"  and  "Friday"  today  -  the  likeness  of  all 
of  them  are  remarkably  good  that  is  the  four  -  "Black  Coal", 
"Washington",  "Sharp  Nose",  &  "Friday".''^  the  squaws  all 
look  alike  and  are  all  equally  dirty  &  the  village  which  in  the 
feature  looks  quite  pleasant  is  as  nasty  a  place  as  one  can 
imagine.  They  are  all  coming  in  from  their  winter  hunt  now. 
&  the  post  will  soon  be  swarming  wdth  them  again.  "Inyons" 
as  Bopper  calls  them. 

There  is  a  rumor  that  all  the  Cavalry  in  the  Dept.  is  to  be 
ordered  to  Rawlins  to  be  in  readiness  for  a  Ute  Campaign  in 
the  spring,  but  we  know  nothing  positive  of  course  if  it  is  so. 
Infantry  \nl\  have  to  be  sent  to  all  these  outposts  &  there  is 
probably  little  if  any  truth  in  the  rumors  anyway. 

February  26,  1880     Ludlow 

I  think  I  have  even  less  than  usual  to  write  tonight  - 
nothing  has  happened  here  -  and  we  have  so  few  letters  -  we 
hear  little  from  the  outside  world.  The  measles  have  broken 
out  again  -  in  two  different  families  among  the  children  and  I 
look  every  day  for  Bopper  to  come  down  with  them  .  .  . 

March  5,  1880     Ludlow 

When  your  letter  came  Monday  night,  I  thought  I  should 
answer  it  at  once  -  but  my  time  has  been  all  taken  up  this  week 
again  -  that  poor  little  Thomas  baby  is  very  sick  again  and  I 
have  been  there  all  the  spare  time  I  have  had.  he  was  taken 
Tuesday  evening  with  croup  -  the  next  morning  he  had  a  con- 
vulsion again,  but  he  is  better  of  all  tonight  &  tho  not  out  of 


Washington 


59 


danger  -  still  we  feel  encouraged.  There  has  been  consider- 
able sickness  here  lately  for  this  place,  but  we  are  all  perfectly 
well  I  am  thankful  to  say  .  .  . 

I  wish  I  could  have  some  of  your  flowers  ■  Flowers  &  fruit 
I  miss  more  than  anything. 

March  9,  1880     Ludlow 

We  are  all  well  as  usual  and  surely  have  good  reason  to  be 
thankful,  for  there  never  was  so  much  sickness  here  -  as  there 
has  been  the  past  few  weeks.  Two  of  the  Moore  children  have 
been  sick  -  one  very  dangerously  so  for  the  past  week  -  but  he 
is  better.  So  that  Charlie  feels  now  -  that  he  will  get  well  ■  tho 
not  yet  out  of  danger,  a  week  ago  Sunday  a  little  child  of  our 
Commissary  Sergeant  died  of  malignant  measles. '''  the  only 
case  of  measles  that  has  been  anything  to  speak  of  -  but  the 
eruption  did  not  come  out  at  all  &  the  child  died  in  a  few 
hours  .  .  .  The  Thomas  baby  is  well  again,  except  a  cough.  I 
believe  it  pays  to  be  -  what  people  may  call  over  careful  of  a 
child  .  .  . 

The  beads  you  speak  of  in  the  breast  plate  on  Sharp 
Noses  son  are  worn  a  great  deal  in  that  way  by  these  Indians  - 
they  are  made  of  a  creamy  smooth  sort  of  pipe  clay  I  think  - 
the  longest  ones  about  as  large  as  this  paper  is  wide  -  are 
about  $1.00  a  piece  at  the  store  &  the  shorter  ones  |2,  $3,  & 
$5  per  doz.  I  have  thought  too  perhaps  the  tubes  you  found 
were  beads.  I  will  bring  you  some  of  their  fancy  beads  when  I 
come.  Comparatively  few  of  either  the  Arapahoes  or  Shoshoni 
have  red  stone  pipes.  They  smoke  mostly  cigarettes,  but  those 
they  have  they  have  got  in  trade  or  some  such  way  from  the 
Sioux. 

Charlie  sends  love  to  you  both,  he  has  worked  hard  the 
past  week,  with  two  such  very  sick  children  on  his  hands  -  but 
if  only  he  can  be  the  means  of  saving  them,  baby  Thomas  is 
most  well  again,  it  has  been  an  anxious  time  being  away  off  so 
far  -  and  every  one  looking  to  Charlie  as  their  only  earthly 
hope  when  their  children  are  so  sick  is  a  fearful  feeling  -  you 
can't  imagine  it.  I  could  only  pray  all  the  time  that  he  might 
have  wisdom  given  him  to  do  just  the  right  thing. 

March  16,  1880     Ludlow 

.  .  .  There  is  little  to  tell  you  except  about  our  weather.  Last 
Thursday  it  was  snowing  hard  when  we  got  up  and  did  not 
stop  for  one  minute  all  day  -  how  late  into  the  night  it  snowed 
I  don't  know  but  sometime  in  the  night  it  grew  cold  &  the 
mercury  fell  to  23°  below  zero  &  that  night  the  12th  it  was  44° 
below,  13th  34°  below  -  14th  29°  below  &  15th  20°  below  .  .  . 
.  .  .  such  deep  snows  are  not  unusual  here  in  March  &  April  - 
in  fact  Mr.  Moore  says  he  has  seen  it  three  feet  deep  in  April 
but  only  lasting  for  two  or  three  days,  but  such  intense  cold 
was  never  knovni  here  by  the  oldest  inhabitant,  there  is  no 
record  of  anything  below  39°  below  until  this  snap.  We 
haven't  suffered  from  it  at  all.  The  house  has  been  very  warm 
&  comfortable,  and  then  of  course  this  low  temperature  not 
felt  at  all  at  this  altitude  as  much  as  10°  below  would  be  with 
you. 

March  25,  1880     Ludlow 

...  As  spring  comes  on  -  we  begin  to  be  very  anxious  for  our 
orders.  Charlie  reported  for  duty  on  the  1st  of  May  -  &  by 
rights  ought  to  be  relieved  by  the  1st  of  this  May.  I  hope  we 


shall  get  away  by  the  last  of  May.  anyway  1  am  about  tired  of 
this.  Still  this  place  ■  like  all  others  has  its  advantages.  We 
have  all  been  very  well  the  whole  year.  1  have  had  a  great  deal 
of  headaches  -  owing  Charlie  thinks  to  the  altitude,  but  thats 
all  ■  and  Bopper  could  not  have  had  a  better  place  for  his 
teething  .  .  . 

There  are  rumors  all  the  time  of  a  change  of  garrison 
here  but  we  know  nothing.  Gussie  told  me  the  other  day  that 
even  if  L  Co.  (Devines)  did  go  away  she  would  stay  with  us  till 
his  time  was  out  in  the  fall  -  if  we  staid  here.  1  shall  be  sorry  to 
lose  Gussy.  She  learned  so  much  at  Mrs.  Taylors''''  and  has  im- 
proved greatly  in  her  cooking  &  everything,  it  will  be  a  long 
time  before  1  find  her  equal.  She  does  everything.  1  wish  1  had 
some  of  your  flowers. 

March  31,  1880     Ludlow 

Yours  of  the  21st  came  as  usual.  Our  garrison  is  begin- 
ning to  break  up.  Major  Upham  received  telegraph  orders 
Monday  night  to  go  at  once  to  Cheyenne  to  take  command  of 
three  Cos.  of  his  Regt.  &  march  with  them  to  the  site  of  the 
new  post  on  the  Niobrara.  ('Tort  Niobrara  ")''*  it  is  to  be 
called  &  they  with  two  companies  of  Infantry  are  to  build  it 
this  summer  he  stated  this  morning.  And  Mrs.  Thomas  ex- 
pects to  go  next  week  to  join  her  husband  at  Rawlins,  and  I 
suppose  the  whole  Garrison  will  be  soon  changed  -  that  is  the 
expectation  tho  no  one  knows  anything  as  yet.  One  of  the  In- 
fantry cos.  going  to  the  Niobrara  is  Capt.  Rodgers**^  of  the  9th 
2nd  Lieut.  G.  R.  Beardsley."' 

.  .  .  I'll  bring  you  some  beads  when  we  come.  I  wish  you  could 
have  seen  the  Indian  stuff  Major  Upham  had.  he  called  me  in 
to  see  it  all  before  he  went,  some  really  handsome  shirts  & 
quivers  &  war  bonnets  and  etc.  The  handsomest  of  all  a  com- 
plete set  of  saddle  equipments  any  civilized  horse  would  run 
away  with  all  that  stuff  on  him.  I  suppose  what  he  had  must 
have  cost  him  as  much  as  $150  -  I  wouldn't  give  it  -  for  since  I 
have  seen  so  many  of  the  nasty  creatures,  I  care  very  little  for 
the  stuff. 

April  14,  1880     Ludlow 

.  .  .  You  doubtless  know  &  knew  before  we  did  that  Charlie  is 
ordered  for  his  second  or  rather  fourth  examination,  it  seems 
an  outrage  that  he  should  have  to  be  examined  again  for  the 
Majorty  which  probably  he  may  never  get  -  but  so  it  is.  what  a 
fearful  mistake  he  made  when  he  resigned. 

When  we  shall  get  away  we  can't  tell  of  course  as  yet.  all 
the  orders  he  has  yet  is  the  one  direct  from  the  Surgeon  Genl 
relieveing  him  from  duty  in  this  Dept  and  after  his  examina- 
tion to  report  to  the  Surgeon  Genl  by  letter  for  assignment  to 
duty.  Of  course  we  can't  leave  here  until  someone  is  sent  to 
take  his  place  and  as  yet  we  have  no  orders  from  the  Medical 
Director  -  we  have  not  began  to  pack  -  but  are  planning  it  all. 
and  I  am  sewing  every  minute  so  you  must  not  look  for  Ittters. 
I  will  write  when  I  can.  We  are  all  well. 

The  Thomas  family  left  last  Saturday  and  I  am  now  the 
only  lady  at  the  Post. 

Your  letter  came  Monday  night  -  in  the  same  mail  with 
the  orders. 

April  22,  1880     Ludlow 

Charlies  orders  came  Monday  night  -  but  I  have  been  too 


60 


busy  &  too  tired,  to  write  since  I  had  some  sewing  that  must  be 
finished  before  we  begin  to  pack,  it  is  done  &  today  I  am  pick- 
ing things  over  and  getting  rid  of  all  superfluous  bundles  & 
putting  things  in  shape  to  be  packed.  We  sell  nearly  all  the  lit- 
tle furniture  we  had  &  so  far  have  succeeded  very  well.  We 
have  no  idea  when  we  shall  get  away.  Charlie  will  be  relieved 
by  a  medical  officer  now  at  Camp  Sheridan,  Nebr.*^  and  he 
by  Dr.  Grimes  who  was  here  when  we  came,  of  course  we  have 
to  wait  for  them,  but  we  rather  expect  to  start  between  the  8th 
&  10th  of  May.  I  dread  the  journey  it  is  long  &  hard  &  to  take 
it  twfice  within  a  year  is  no  fun,  to  say  the  least. 

The  companies  here  are  looking  nightly  for  their  orders. 
Of  course  we  will  let  you  know  just  when  we  start. 

April  30,  1880     Ludlow  -  Postcard 

Have  no  Idea  yet  when  we  shall  start,  everything  packed 
that  can  be  until  we  actually  break  up.  All  well  but  tired.  In 
haste  C.E.W. 

May  8,  1880     Ludlow 

.  .  .  Dr.  Corbusier''^  would  be  here  by  Thursday  but  the  stage 
is  in  tonight  and  no  sign  of  him  yet  -  he  has  ample  time  if  he 
had  complied  with  his  orders  -  "Without  delay"  When  he  will 
come  is  still  a  question  but  the  sooner  the  better  to  suit  us  -  we 
are  all  broken  up  -  yesterday  had  the  carpets  up  &  cleaned  & 
packed  today,  it  won't  take  long  to  get  off  when  he  does  come 

-  We  were  in  hopes  to  get  away  before  the  new  garrison  got 
here  -  but  we  shan't  now  -  This  waiting  &  uncertainty  are 
becoming  decidedly  disagreeable.  The  only  advantage  of  this 
delay  is  that  the  roads  are  improving  all  the  time.  I  think  if 
the  weather  is  pleasant  we  will  enjoy  the  ride  over  the  moun- 
tains more  than  when  we  came.  We  shall  have  Red  Canon 
and  the  mountains  the  first  day  when  we  are  fresh,  and  now 
we  know  so  much  more  about  the  country  too  &  then  we  shall 
go  up  instead  of  dowm  the  worst  hills. 

It  will  seem  strange  to  us  to  be  in  any  other  Dept  than  this 

-  but  I  am  not  sorry  to  leave  this  "blasted  country"  for  one. 
particularly  as  the  prospect  for  a  Ute  War  seems  to  be  what 
Army  people  have  all  the  time  felt  it  was  -  the  vdse  men  in 
Washington  to  the  contrary  not  with  standing  &  some  day 
there  vnll  be  trouble  v«th  these  Indians  too.  Old  Washakie 
can't  live  always.*" 

Bopper  is  well  and  rather  seems  to  enjoy  this  state  of 
chaos,  he  is  a  funny  little  chap  -  says  so  many  funny  things  - 
last  night  he  was  at  the  window  with  me  and  two  squaws  were 
outside  &  noticed  him  &  were  talking  together  about  him  evi- 
dently calling  him  pappose.  He  heard  it  &  turned  to  me  & 
said  "Bopper  pappose  no"  "very  nice  Bopper". 

We  are  all  well  &  hope  to  see  you  soon,  by  the  way,  Capt 
Monahan  has  failed  to  obtain  an  extension  of  his  sick  leave  - 
and  is  ordered  to  join  his  Co.  at  Fort  Russell  (Cheyenne)  & 
Mrs.  Monahan  wrote  insisting  on  our  stopping  to  see  them 

-  we  may  stop  over  a  day. 

May  13,  1880     Ludlow 

It  is  just  a  year  tonight  since  we  reached  this  post  and  you 
I  suppose  are  daily  expecting  to  hear  we  are  on  our  waj^east 
from  the  fact  that  I  have  no  letter  at  all  from  you  this  week.  It 
is  probable  now  that  we  shall  not  be  able  to  leave  before  the 
23rd  if  we  do  then.  The  new  command  came  in  yesterday,  it 


seems  Dr.  Corbusier  was  ordered  to  come  with  them  but  fail- 
ing to  reach  Fort  Laramie  on  time.  Capt.  RusselP'  tele- 
graphed to  Omaha  to  know  whether  he  should  wait  for  Dr. 
Corbusier  &  the  answer  came  not  to  wait.  Dr.  C  would  prob- 
ably overtake  them  at  Fort  Fetterman.  Yesterday  Charlie  re- 
ceived an  official  letter  from  the  Medical  officer  at  Fort 
Laramie  from  which  we  learned  that  Dr.  C  left  Fort  Laramie 
on  the  5th.  So  when  he  reached  Fetterman  this  command 
were  ten  days  from  there.  We  hoped  that  he  might  decide  to 
come  by  rail  &  stage  &  be  here  tonight  but  he  didn't  come  so 
he  is  undoubtedly  incoming  across  country  &  can't  possibly  be 
here  before  next  Thursday  (the  20th).  it  is  very  disgusting  as 
we  are  entirely  torn  up.*^  and  what  adds  to  the  pleasure  ?  of 
waiting  is  the  fact  that  (at  my  suggestion)  Gussie  has  decided 
to  go  across  country  with  her  husband  -  &  the  command  start 
either  Sunday  or  Monday  -  so  I  will  be  all  alone.  Still  all 
things,  even  disagreeable  ones,  have  an  end  &  we  doubtless 
shall  live  through  it.  We  are  all  well  &  I  shall  take  care  that  no 
one  gets  dyspepsia  from  high  living. 

Gussie  isn't  very  well  anyway.  She  is  tired  out  &  needs  a 
change  &  rest.  I  think  the  trip  of  three  weeks  will  do  her  good 
&  it  will  save  them  a  good  deal  of  expense.  The  Co.  is  in  camp 
now  &  she  went  dov^Ti  tonight  to  begin  her  Army  life.  She  will 
come  up  &  help  me  every  day  until  they  go  -  we  shall  miss  her 
-  she  is  a  good  faithful  girl. 

You  can't  know  how  thankful  we  are  to  get  away  from 
here  now  -  one  of  the  new  Captains  has  three  of  the  very 
"badest"  children  I  ever  knew  -  &  we  know  them  of  old  at 
Sidney  &  a  horrible  dirty  baby  besides.  We  could  not  let  Bop- 
per play  with  them  and  it  would  make  great  trouble.  The  new 
Dr.  brings  four  boys  the  oldest  ten  years. 

Don't  worry  or  expect  us  until  you  hear.  I  will  send  you 
word  by  the  very  first  mail  after  Dr.  C  arrives  &  we  will  tele- 
graph from  Rochester  where  we  shall  have  to  stay  over  night 
again. 

1.  Camp  Stambaugh  was  established  on  July  20,  1867,  for  the  pro- 
tection of  the  miners  in  the  Sweetwater  district  from  hostile  In- 
dians. The  post  was  abandoned  August  17,  1878.  Francis  P. 
Prucha,  Guide  to  the  Military  Posts  of  the  United  States  (Madi- 
son: Wisconsin  Historical  Society,  1964),  p.  185. 

2.  Lt.  Col.  John  F.  Summers  was  the  Medical  Director  of  the  De- 
partment of  the  Platte.  Francis  B.  Heitman,  Historical  Register 
and  Dictionary  of  the  United  States  Army  (Washington: 
G.P.O.,  1903),  p.  936. 

3.  Augusta  (Gussie)  was  a  servant  girl  hired  by  Mrs.  Winne  at  Fort 
McPherson.  She  did  not  go  east  with  them  during  their  1878- 
1879  leave,  but  joined  them  at  Kearney,  Nebraska.  Originally 
from  Wisconsin,  she  was  23  years  old  at  the  time  they  went  to 
Fort  Washakie.  Tenth  U.S.  Census,  1880. 

4.  1st  Lieutenant  Earl  D.  Thomas,  Company  G,  5th  Cavalry,  ar- 
rived for  duty  at  Fort  Washakie  in  October,  1878.  While  at  the 
post,  he  served  as  the  commanding  officer  of  his  company  in  the 
absence  of  Captain  Edward  Hayes,  who  was  on  a  leave  of  ab- 
sence. Post  Returns,  Fort  Washakie,  May  1879. 

5.  Major  John  H.  Upham  arrived  and  assumed  command  of  Fort 
Washakie  on  August  8,  1878.  While  the  Winnes  were  stationed 
at  Fort  Washakie,  the  garrison  consisted  of  Companies  G  and  L 
of  the  5th  Cavalry,  with  a  strength  of  130  officers  and  enlisted 
men.  Post  Returns,  Fort  Washakie,  May  1879-May  1880. 

6.  Due  to  hunger  and  poor  reservation  conditions,  several  hundred 
Bannacks,  Piautes,  and  Umatillas  fled  their  reservations  in  the 


61 


early  summer  of  1878.  After  four  months  of  military  pursuit  and 
fighting,  the  Indians  were  compelled  to  surrender  and  return. 
About  131  Bannacks  were  held  as  prisoners  at  Fort  Hall  and 
Fort  Washakie  through  the  winter,  and  were  released  the  follow- 
ing summer  to  return  to  their  proper  reservations.  A  total  of  57 
Bannacks  were  held  at  Fort  Washakie.  Robert  Utley,  Frontier 
Regulars:  The  United  States  Army  and  the  Indian,  18661890 
(New  York:  MacMillan,  1973),  pp.  321-328. 
.  This  spring  is  located  2.2  miles  east  of  Fort  Washakie  on  the 
road  to  Ethete.  In  1874,  Surgeon  Maghee  described  the  spring 
as  being  315  by  250  feet  in  diameter  and  about  20  feet  deep.  He 
also  remarked  that  "Used  as  a  bath,  the  waters  proved  decidedly 
beneficial  for  rheumatic,  neuralgic,  syphilitic,  and  skin  diseases; 
taken  internally  no  perceptible  effect  is  produced."  Surgeon 
General  Circular  No.  8,  Report  on  the  Hygiene  of  the  U.S. 
Army  with  Descriptions  of  Military  Posts  (Washington:  G.P.O., 
1875),  p.  325. 

The  Rumseys  were  the  proprietors  of  the  "Sidney  House"  in 
Sidney,  Nebraska,  and  were  friends  of  the  Winnes'  while  they 
were  stationed  at  Sidney  Barracks.  While  at  Sidney,  the  Winnes' 
only  child  was  born  September  30,  1877.  Thomas  R.  Buecker, 
"Letters  of  Caroline  Winne  From  Sidney  Barracks  and  Fort 
McPherson,  Nebraska,  \874-\878."  Nebraska  History.  Vol.  62, 
No.  1,  (Spring  1981),  pp.  27.  35. 

Fort  McPherson  was  established  as  Camp  Cottonwood,  in  1863, 
11  miles  below  the  confluence  of  the  North  and  South  Platte 
rivers,  for  the  protection  of  overland  travelers.  The  Winnes  were 
stationed  from  November  1877  to  February  1878.  Buecker, 
"Winne  Letters,"  pp.  36-42.  Dr.  Edward  F.  Gibson  was  a 
25-year-old  New  York  native.  Tenth  U.  S.  Census,  1880. 
Fort  D.  A.  Russell  was  established  July  21,  1867,  to  provide  pro- 
tection for  the  railroad  workers  and  the  new  tovm  of  Cheyenne, 
Wyoming.  Prucha,  p.  184. 

Captain  Deane  Monahan  was  the  commanding  officer  of  Com- 
pany G,  3rd  Cavalry.  The  Monahans  were  close  friends  of  the 
Winnes  at  Sidney  Barracks.  Buecker,  "Winne  Letters,"  pp. 
6,9,17,21. 

Mrs.  Winne  was  not  alone  in  the  description  of  Washakie.  In  his 
narrative  on  his  army  career,  Eben  Swift  also  mentioned  that 
the  chief  resembled  Henry  Ward  Beecher.  Paul  Hedren,  "Eben 
Swift's  Army  Service  on  the  Plains,"  Annals  of  Wyoming,  Vol. 
50,  No.  1,  (Spring  1978),  p.  152. 

Ludlow  was  an  ardent  collector  of  Indian  artifacts,  geological 
specimens,  and  other  collectables.  Whenever  possible,  the 
Winnes  collected  and  sent  him  such  articles. 
On  May  18,  Lt.  Wheeler  and  a  detachment  from  Company  L 
brought  in  a  party  of  Bannack  prisoners  consisting  of  four 
males,  nine  females,  and  seven  children  along  with  18  horses. 
Post  Returns,  Fort  Washakie,  May  1879. 

Fort  McKinney  was  established  July  18,  1877,  just  west  of  pres- 
ent day  Buffalo,  Wyoming,  for  the  control  of  Indians  east  of  the 
Big  Horn  Mountains.  Prucha,  p.  183. 

In  1877,  Congress  failed  to  pass  a  pay  appropriation,  and  the 
army  went  without  pay  from  June  30  to  November  17.  1877. 
Utley,  pp.  62-63. 

In  1874,  Dr.  Winne  resigned  his  commission,  therefore  losing 
time  in  grade  for  promotion.  After  re-entering  the  service, 
Winne  tried  unsuccessfully  to  be  re-instated  and  not  lose  his 
previous  service  time. 

James  I.  Patten  was  the  Indian  Agent  for  the  Shoshoni  and 
Arapahoe  agency  at  Fort  Washakie  in  1879. 
During  the  summer  of  1873,  an  expedition  led  by  Captain 
William  A.  Jones  searched  for  a  practical  wagon  road  from  the 
main  line  of  the  Union  Pacific  Railroad  to  Yellowstone  Park  and 
Fort  Ellis,  Montana.  In  addition,  scientists  with  the  party 
observed  and  recorded  the  geology  and  botany  of  the  region 


20 


21 


22 


23 


24 


25 


26 


27 


they  traveled  through.  William  A.  Jones,  Report  Upon  the 
Reconnaissance  of  Northwestern  Wyoming  Made  in  the  Sum- 
mer of  1873,  (Washington:  G.P.O.,  1874). 
Lewisia  Rediviva,  or  Bitterroot,  is  a  low,  succulent  perennial 
with  thick,  fleshy  roots  that  was  used  as  a  source  of  food  by  cer- 
tain Indian  tribes  in  central  Wyoming. 

The  Rt.  Rev.  John  Franklin  Spaulding  was  the  Episcopal  Bishop 
for  Colorado  and  Wyoming  in  1879. 

Omaha  Barracks  was  established  December  5,  1868,  just  north 
of  Omaha,  Nebraska,  and  served  as  headquarters  for  the  De- 
partment of  the  Platte.  Prucha,  p.  89. 

Aside  from  the  information  in  these  letters,  no  additional  facts 
about  "Shoshoni  Dick  "  were  found. 

Lower  ranking  army  officers  at  frontier  posts  could  be  'ranked 
out'  and  have  their  quarters  taken  by  higher  ranking  officers 
that  desired  them.  This  practice  caused  disruptions  and  incon- 
veniences during  garrison  changes. 

J.  K.  Moore  came  from  Fort  Bridger  to  be  the  post  trader  for 
Camp  Brown  in  1869,  and  was  later  post  and  Indian  trader  at 
Fort  Washakie.  J.  K.  Moore,  Jr.,  "Post  Trader  and  Indian 
Trader  Tokens,"  Annals  of  Wyoming,  Vol.  27,  No.  2,  (October 
1955),  pp.  130-135. 

Fort  Hall  was  established  on  May  27,  1870,  near  the  Ross  Fork 
Agency  of  the  Bannacks  in  southeastern  Idaho.  The  post  was 
built  to  control  the  Shoshoni  and  Bannack  Indians  in  the  vicin- 
ity. Prucha,  p.  77. 

2nd  Lieutenant  Homer  W.  Wheeler  joined  post  on  January  7, 
1879,  and  served  as  company  commander,  post  adjutant  and 
treasurer,  acting  signal  officer,  and  engineer  officer.  Wheeler's 
experiences  at  Fort  Washakie  are  found  in  his  article, 
"Reminiscences  of  Old  Fort  Washakie,  "  Wyoming  Historical 
Department's  Quarterly  Bulletin,  Vol.  1,  No.  4,  (April  15, 
1924). 

This  tar  spring,  also  called  ""Grims  Oil  Well,  "  was  located  two 
miles  northeast  of  the  post.  It  was  described  as  being  12  feet  in 
diameter,  surrounded  by  a  layer  of  asphaltrum  50  yards  wide. 
Tar  from  here  was  used  to  cover  building  roofs  at  the  post. 
Surgeon  General  Circular  No.  8,  p.  326. 

Prof.  O.  C.  Marsh  of  Yale  University  was  a  pioneer  paleontol- 
ogist who  made  several  remarkable  explorations  through  Wyo- 
ming, Colorado  and  Nebraska  beginning  in  1868.  Military  es- 
corts were  furnished  for  his  field  work  and  he  was  well-known  to 
many  officers,  who  like  Dr.  Winne,  sent  specimens  to  him  for 
identification. 

During  this  period,  medical  officers  were  generally  stationed 
four  years  in  a  department  before  they  were  transferred  else- 
where. After  four  years  in  the  Department  of  the  Platte,  the 
Winnes  anticipated  being  transferred  to  a  new  post  in  the  De- 
partment of  the  East. 

Trigonia  was  a  fossil  bivalve  mollusk  very  common  to  Messozoic 
rock  formations  in  central  Wyoming. 

Lt.  Thomas  left  post  August  6,  1879,  with  a  detachment  of  41 
enlisted  men  for  duty  as  an  escort  for  a  government  surveying 
party  surveying  the  northern  boundary  of  the  Wyoming  Terri- 
tory. Post  Returns,  Fort  Washakie,  August,  1879. 
The  Ute  Uprising  of  1879  was  a  result  of  unkept  promises  and 
inadequate  rations  at  the  White  River  Agency  in  northwestern 
Colorado.  The  situation  at  the  agency  rapidly  deteriorated,  and 
the  agent  called  in  troops  to  help  maintain  order  and  security. 
Utley,  pp.  332-342. 
34.  On  September  29,  1879,  a  column  of  120  officers  and  enlisted 
men,  with  supply  wagons,  on  the  way  to  the  White  River  Agen- 
cy, was  attacked  by  the  Utes  on  Milk  Creek,  15  miles  north  of 
the  agency.  In  the  ensuing  battle  and  seige,  Major  T.  T.  Thom- 
burg,  nine  enlisted  men,  and  three  civilians  were  killed.  Capt.J. 
S.  Payne,  Lt.  J.  V.  Paddock,  Acting  Assistant  Surgeon  R.  B. 


28 


29 


30 


31 


32 


33 


62 


35 


37. 


Grimes,  two  civilians  and  43  enlisted  men  were  wounded. 
Col.  Wesley  Merritt,   5th  Cavalry,  led  the  relief  column  that 
covered  160  miles  in  two  and  one-half  days  that  relieved  the 
beseiged  command  on  Milk  Creek  on  October  5,  1879. 

36.  Brigadier  General  George  Crook  commanded  the  Department 
of  the  Platte  from  April  27,  1875,  through  the  summer  of  1882. 
Sgt.  William  Devine,  Co.  L,  5th  Cavalry,  was  a  native  of  New 
Jersey  and  26  years  old  when  he  married  Gussie.  In  May,  1880, 
Company  L  was  transferred  to  Fort  Robinson,  Nebraska,  and 
the  Devines  left  Fort  Washakie  for  the  new  post.  Tenth  U.S. 
Census,  1880;  Post  Returns,  Fort  Washakie,  May  1880. 
The  Hospital  Steward  was  an  enlisted  man  rated  as  a  non-com- 
missioned officer  who  assisted  the  post  surgeon  in  the  operation 
of  the  hospital.  Hospital  Steward  Richard  Keogh  was  Winne's 
assistant  and  a  23  year  veteran  of  the  army.  Medical  Papers, 
Fort  Washakie,  November  1879. 

The  Post  of  Sitka  served  as  the  Department  Headquarters  for 
the  Territory  of  Alaska  from  1867  to  1877. 
Rawlins,  Wyoming,  was  the  closest  railroad  point  to  the  Ute 
Agency  at  White  River.  Four  companies  of  cavalry  and  five 
companies  of  infantry  encamped  at  the  agency  through  the 
winter  of  1879-1880,  and  were  supplied  from  that  point. 
Lt.  H.  R.  Lemly,  "Among  the  Arrapahoes,"  Harpers  New 
Monthly  Magazine ,  Vol.  60,  (March  1880),  pp.  494-501. 

42.  Black  Coal  was  the  head  chief  of  the  Arapahoes  on  the  Wind 
River  Reservation.  Washington  was  a  chief  who  assumed  this 
name  in  token  of  his  desire  to  adopt  the  ways  of  the  whiteman. 
Sharp  Nose  was  Black  Coal's  lieutenant  and  served  as  an  army 
ally  on  several  occasions,  particularly  in  the  1876  campaigns. 
William  Friday  was  educated  in  St.  Louis  when  he  was  young, 
and  served  as  an  interpreter  before  he  died  of  kidney  infection  in 
May,  1881. 

Monthly  medical  records  for  February  1880  reported  that  the 
youngest  child  (female)  of  Commissary  Sergeant  Patrick  Sulli- 
van died  on  the  28th  from  a  malignant  attack  of  measles. 
Medical  papers.  Fort  Washakie,  February  1880. 
Mrs.  Taylor  was  the  lady  that  kept  the  officers  mess  at  Omaha 
Barracks  (Fort  Omaha)  where  Gussie  worked  before  joining  the 
Winnes  for  the  trip  to  Fort  Washakie. 

Fort  Niobrara  was  established  April  22,  1880,  near  the  conflu- 
ence of  Minnechaduza  Creek  and  the  Niobrara  River  in  north - 
central  Nebraska.  The  post  was  constructed  for  the  control  of 


39 


40 


41 


43 


44 


45 


46 


the  Brule  Sioux  on  the  Rosebud  Reservation  in  the  Dakota  Ter- 
ritory. Prucha,  p.  89.  While  traveling  to  Cheyenne,  Major  Up- 
ham's  party  was  caught  in  a  severe  spring  storm,  resulting  in  the 
loss  of  one  man  due  to  exposure.  Medical  Papers,  Fort  Wash- 
akie, April  1880. 

Probably  Capt.  William  Wallace  Rogers,  9th  Infantry.  He 
enlisted  at  the  beginning  of  the  Civil  War.  Commissioned  from 
the  ranks,  he  was  promoted  to  captain  in  1879.  He  retired  in 
1889  and  died  the  next  year.  Heitman.  p.  844. 

47.  2nd  Lieutenant  G.  R.  Beardsley,  Company  B,  9th  Infantry,  was 
an  acquaintance  of  the  Winnes'  from  New  York.  He  graduated 
from  West  Point  in  1879  and  resigned  his  commission  fifteen 
months  later.  Heitman,  p.  203. 

48.  Camp  Sheridan  was  established  in  September  1874,  for  the  con- 
trol of  the  Brule  Sioux  at  the  old  Spotted  Tail  Agency  in  north- 
western Nebraska. 

Assistant  Surgeon  William  H.  Corbusier  was  assigned  to  replace 
Dr.  Winne  as  post  surgeon.  The  story  of  Corbusier  s  military  ser- 
vice in  the  Indian  War  was  prepared  by  his  son,  William  T.  Cor- 
busier, Verde  to  San  Carlos  (Tucson:  Dale  King,  1968).  Chapter 
10  deals  with  the  years  they  were  stationed  at  Fort  Washakie. 
Washakie  actually  out-lived  the  cessation  of  Indian  Wars  hos- 
tilities before  the  time  of  his  death  in  1900.  At  that  time,  the 
chief  was  still  carried  on  the  government  roles  as  an  Indian 
scout.  Grace  Hebard,  Washakie:  An  Account  of  Indian  Resis- 
tance of  the  Covered  Wagon  and  Union  Pacific  Railroad  Inva- 
sions of  Their  Territory  (Cleveland:  Arthur  Clark,  1930),  p. 
268. 

Captain  Gerald  Russell,  commanding  officer  of  Company  K, 
3rd  Cavalry.  His  company  and  Company  H  of  the  same  regi- 
ment arrived  at  the  post  on  May  12  to  form  the  new  garrison. 
Companies  G  and  L,  5th  Cavalry,  left  post  on  the  17th  respec- 
tively for  Fort  Laramie  and  Fort  Robinson.  Medical  Papers, 
Fort  Washakie,  May  1880. 

Unknown  to  Mrs.  Winne,  the  Corbusiers  met  with  several  mis- 
haps that  delayed  their  travel  to  Fort  Washakie.  After  leaving 
Camp  Sheridan  on  April  22,  their  ambulance  was  accidentally 
over-turned  18  miles  west  of  Fort  Robinson,  injuring  the 
doctor's  ankle.  Because  of  this  accident  and  subsequent  delays, 
Corbusier  and  family  did  not  arrive  at  Fort  Washakie  until  June 
1.  Corbusier,  pp.  179-184. 


49 


50 


51 


52 


63 


MEDICAL  INCIDENTS 
IN  THE  LIFE  OF 


J,^'^: 


^ 


^/l% 


<'  .J_ 


DR.  JOHN  H.  FINFROCK 


By  Dr.  Anthony  Palmieri  and  Chris  Humberson 


64 


A  Civil  War  veteran,  Finfrock  came  west  in  1863 
to  serve  as  a  post  surgeon. 


Of  the  people  who  settled  early  in  the  west  it  is  often 
said  that  the  physicians  provided  the  best  account  of 
typical  pioneer  life  since  they  were  often  the  most  pro- 
lific writers  available.  As  well  as  being  the  medical  ex- 
pert, physicians  often  became  the  town's  druggist,  civic 
and  educational  leader.  Such  was  the  case  of  John  H. 
Finfrock  for  the  newly  erected  town  of  Laramie,  Wyo- 
ming. 

Finfrock's  early  life  was  uneventful.  Bom  December 
9,  1836,  in  Columbiana  County,  Ohio,  he  was  the  son  of 
Jonathan  Finfrock.  He  attended  county  and  city  schools 
until  the  age  of  20  when  he  studied  medicine  with  his 
two  uncles,  Dr.  William  Blecker  and  Dr.  A.  Blecker.  In 
1860,  he  left  his  uncles'  medical  practice  and  took  a 
course  at  the  Cincinnati  medical  hospital.  He  graduated 
with  high  honors  in  1861.'  Finfrock  also  attended  Rich- 
mond College  of  Ohio,  and  the  University  of  Michigan. 
He  joined  the  Union  Army  March  12,  1862,  and  due  to 
his  unbridled  enthusiasm,  was  promptly  named  a  re- 
cruiting officer.  He  was  soon  appointed  assistant  sur- 
geon of  the  11th  Ohio  Volunteer  Cavalry  and  served  un- 
til the  end  of  the  Civil  War.^ 

The  captain's  company  saw  considerable  action. 
Finfrock  often  treated  the  wounded  on  the  front  line.  He 
seemed  to  be  often  ill  during  the  war  since  he  reported 
he  had  a  number  of  problems  with  fever  and  diarrhea 
for  which  he  treated  himself  with  quinine.  While  he  was 
on  leave  from  the  army,  he  married  Anna  Catherine 
McCullough  in  Mansfield,  Ohio,  on  June  22,  1862.  He 
reported  back  to  his  army  unit  the  day  after  his  wed- 
ding.^ 

Finfrock  left  three  diaries  of  his  days  in  the  army. 
Mostly,  they  report  on  the  weather,  a  few  of  his  acquain- 
tances and  his  own  illnesses  and  boredom.  Occasionally, 
the  diaries  give  insight  into  his  medical  work.  He  wrote 
of  making  a  "sassafrass  tea"  while  on  march.  Less  than  a 
week  later  he  noted  the  death  of  John  S.  Fesres  in  the 
hospital  at  Stanford,  Kentucky,  of  typhoid  fever.  Ty- 
phoid pneumonia  claimed  the  life  of  another  patient, 
Henry  DeVore,  on  February  20,  1862.  By  then,  Fin- 
frock's  own  health  was  improving.  A  week  after 
DeVore's  death,  Finfrock  left  for  Mansfield,  Ohio,  for 
10  days  of  sick  leave.  Throughout  the  period  he  com- 
plained of  pains  in  his  "chest,  side  and  back." 

During  April  of  1862  he  was  back  on  the  "front 
lines"  treating  many  wounded  soldiers.  One  of  the  most 
common  ailments  mentioned  in  his  diary  was  diarrhea. 
In  late  May  Finfrock's  own  health  forced  him  to  take  a 
20-day  sick  leave  and  return  home.  His  health  improved 
slowly  but  he  continued  self-treatment  with  a  dose  of 


Calomel  for  his  pains  on  June  12,  1862,  and  Blue  Mass 
and  Quinine  on  June  25.  In  the  fall  his  company  cap- 
tured Harrodsburgh,  Kentucky,  and  800  prisoners  were 
taken.  He  returned  home  late  in  the  year,  again  taking 
an  extended  leave  due  to  illness.  It  was  then  that  he  was 
formally  placed  in  charge  of  the  drafted  men  of  Mans- 
field, Ohio." 

In  early  1863  Finfrock's  company  participated  in  the 
battle  at  Stone  River.  On  February  18,  1863,  Finfrock 
was  advised  by  the  Surgeon  General  of  Ohio  to  resign 
due  to  poor  health.  He  officially  did  so  the  next  day, 
leaving  the  army  on  February  25  after  receiving  his  res- 
ignation papers. 

Finfrock  arrived  in  Cincinnati  to  begin  medical 
study  on  March  23,  1863.  While  at  the  school  although 
he  still  complained  of  feeling  ill,  his  health  improved. 
Diary  entries  include  reports  of  attending  operations 
and  practicing  amputations  on  cadavers.  Finfrock's 
medical  school  education  in  Cincinnati  ended  with  sub- 


Captain  Finfrock  during  the  Civil  War. 


65 


Finfrocks  moved  to  Laramie  where  John 
practiced  medicine  and  opened  a  drug  store. 


mission  of  his  "thesis"  on  Army  hygiene  to  the  dean  of 
the  faculty,  and  payment  of  his  |25  graduation  fee  on 
May  23,  1863.  Since  his  health  had  improved  consider- 
ably and  wanting  to  reenter  the  army,  he  took  his  med- 
ical exam  boards  on  July  6  and  7,  1863,  at  Columbus 
and  received  word  that  he  passed  as  First  Assistant  Sur- 
geon on  July  8. 

He  received  his  commission  July  20,  1863,  and 
started  west  on  the  31st  arriving  at  Leavenworth,  Kan- 
sas, by  way  of  St.  Louis  on  August  13.  On  October  10 
the  company  reached  Fort  Laramie  and  Finfrock  report- 
ed that  the  hospital  was  in  "splendid"  condition. 

He  was  assigned  to  Fort  Halleck,  near  what  is  now 
Arlington,  Wyoming,  approximately  40  miles  from  Lar- 
amie. When  he  arrived  at  Fort  Halleck,  Finfrock  found 
scurvy  among  the  men  and  he  immediately  prescribed 
eating  the  wild  onions  abundant  in  the  area.  The  scurvy 
cases  soon  improved. 

A  variety  of  information  about  Finfrock  comes  from 
his  1864  diary.  He  suffered  fairly  severe  facial  neuralgia. 


Eagle  Pharmacy  owned  by  Finfrock  and  Thobro. 


he  smoked,  he  was  an  avid  reader,  he  published  a  few 
articles  and  he  practiced  dentistry.  He  was  dismayed  at 
postal  inefficiency  and  he  was  an  amateur  meteorologist. 

About  17,580  men  and  4,264  wagons  passed  Fort 
Halleck  in  1864.  He  cared  for  the  immigrant's  diseases 
as  they  passed  through,  his  pay  often  being  in  goods, 
stock  or  dogs.  Finfrock  found  it  necessary  to  complain 
about  medicines  being  shipped  from  the  Medical  Pur- 
veyor's Office  in  St.  Louis  as  did  the  surgeons  at  Fort 
Laramie.^  One  of  the  few  medical  entries  he  made  in  his 
diaries  while  at  Fort  Halleck  concerned  repairing  a 
coach  driver's  dislocated  shoulder.  On  July  11-12,  1864, 
Finfrock  helped  a  Dr.  Force  repair  the  shoulder  using 
chloroform  to  sedate  the  coach  driver. 

While  Finfrock's  life  on  the  frontier  was  usually  un- 
eventful, his  wife  arrived  from  Ohio  on  July  16,  1864.  It 
was  a  long  awaited  move.  The  next  week's  diary  entries 
tell  of  fighting  with  Indians  and  bedbugs.  Finfrock  also 
complained  of  having  to  wait  two  days  for  an  ambulance 
to  move  the  wounded  to  Fort  Laramie.  Indian  hostilities 
continued  sporadically  during  the  entire  summer. 

On  August  9,  1864,  Finfrock  amputated  the  limb  of 
a  wounded  man,  but  the  patient  died  an  hour  later. 

Although  not  a  common  occurrence,  a  frontier  phy- 
sician was  sometimes  called  on  to  help  deliver  a  child. 
On  August  30,  1864,  he  wrote  in  his  diary:  "Mrs.  Fisk 
was  delivered  of  a  female  child  at  8:00  p.m.  —8  month 
child  only  lived  2  hours.  Mrs.  F.  getting  along  very 
well." 

In  September  of  1864,  Finfrock  delivered  two  chil- 
dren, a  clear  indication  that  the  area  was  being  settled 
more  quickly. 

Probably  the  most  interesting  medical  entries  in  Fin- 
frock diaries  were  those  of  October  and  November  of 
1864.  On  October  20,  1864,  Finfrock  traveled  to  a  farm 
on  the  South  Platte  to  see  "Drago's  boy"  who  was  kicked 
by  a  mule,  piercing  a  hole  the  size  of  a  half-dollar  in  the 
left  side  of  his  frontal  bone.  Finfrock  wrote:  "2  oz.  of 
brain  escaped."  He  treated  the  injury  by  enlarging  the 
wound  and  elevating  the  bone.  His  final  note  for  the 
day  "doing  well  but  will  likely  die."  On  the  24th  he 
reported  "Drago's  boy  getting  along  all  right."  He  went 
to  see  the  patient  again  on  November  2  and  reported  he 
was  doing  better.  The  patient  was  doing  fine  at  his  next 
visit  on  December  8,  1864.  The  diaries  ended  on  January 
1,  1865,  so  the  outcome  of  the  child's  condition  is  not 
known. 

While  at  the  fort,  the  Finfrock's  first  child,  William 
Edmund,  was  born  on  October  16,  1865. 

Fort  Halleck  was  abandoned  in  1866  and  the  Fin- 
frock's moved  to  Laramie  where  John  practiced  med- 


66 


Laramie  in  the  early  1870s,  showing  the  Fmfrock  house  (7),  north  of  Grand  Avenue  (16) 


icine  and  opened  a  drug  store.  During  his  practice  Fin 
frock  encountered  the  typical  diseases  of  the  time  and 
area  — diptheria,  smallpox,  syphilis,  measles  and  scarlet 
fever.  The  Finf rock's  settled  into  Laramie  where  John 
had  a  thriving  business  and  Anna  raised  the  children. 
Two  sons  born  in  Laramie  grew  to  adulthood  while  a 
daughter  died  at  the  age  of  nine  months. 

Finfrock's  civic  and  medical  contributions  were 
widely  recognized  and  appreciated  by  the  community. 
He  was  often  the  subject  of  articles  in  the  Laramie  Sen- 
tinel or  later  the  Laramie  Republican. 

The  Laramie  Sentinel  of  January  4,  1871,  described 
an  operation  performed  by  Dr.  Finf  rock.  He  amputated 
a  leg  by  "disarticulation"  (separation  at  joint)  described 
as  being  "neatly  and  skillfully"  performed.  The  paper 
went  on  to  explain  that  the  man's  leg  was  crushed  when 
run  over  by  rail  cars  nine  months  earlier.^ 

In  February  of  1875  he  wrote  of  the  arrival  of  Sister 
Bruner  and  other  nuns.  They  opened  St.  Joseph's  Hospi- 
tal in  the  building  abandoned  by  the  railroad  when  its 
hospital  was  closed.  Shortly  after,  when  an  explosion 
rocked  the  rolling  mill,  the  hospital  cared  for  many  of 
the  workers  that  were  scalded  in  the  mishap.' 

Finfrock  was  well  known  for  his  skill  at  amputations. 
The  April  17,  1885,  paper  also  reported  on  his  work  on  a 
"Mr.  Stamy"  of  Fort  Fetterman  who  some  years  earlier 
had  received  a  gunshot  wound  in  the  leg.  In  June  of 
1884  his  horse  fell  with  him,  causing  his  leg  to  break 
near  the  site  of  the  original  wound.  The  newspaper  ac- 
count goes  on  to  state: 

The  leg  was  amputated  by  a  surgeon  (?)  about  five 
inches  below  the  knee,  but  the  stump  did  not  heal  and  was 
very  painful.  On  the  5th  of  February  he  came  here  and  en- 
tered St.  Joseph's  hospital  under  the  care  of  Dr.  Finfrock. 
.  .  .  Dr.  Finfrock,  as  assisted  by  Dr.  Stevens  opened  the 
stump  and  removed  a  piece  of  dead  bone  and  a  ligature 
tied  around  the  main  nerve,  besides  a  bundle  of  silk  lying 
loose  in  the  stump.* 


Fmfrock  appeared  tu  make  uther  majui  medical 
contributions  as  reported  in  the  local  press.  The  first  ap- 
peared in  the  Sentinel  of  April  17,  1885,  and  April  20, 
1885,  under  the  heading  "A  Severe  Operation:" 

A  Cancer  Weighing  Over  Three  Pounds 
Successfully  Removed 

One  of  the  most  dreadful  afflictions  to  which  the 
human  race  is  subject  and  which  results  fatally  in  ninety- 
five  percent  of  the  cases  that  occur,  is  cancer.  In  this  city 
yesterday  a  very  successful  operation  was  performed  by  our 
local  physicians,  and  the  patient  not  only  stood  it  bravely 
but  is  getting  along  extremely  well. 

Dr.  Finfrock,  assisted  by  Drs.  Foster,  Stevens,  Gardi- 
ner and  McAchren,  removed  the  whole  of  the  right  breast 
and  the  gland  in  the  arm  pit,  from  the  person  of  Mrs.  P.  A. 
Steinhoff,  who  for  several  years  has  suffered  from  the  dread 
disease,  which  requires  so  terrible  an  operation.  The  mass 
removed  weighed  over  three  pounds.  The  lady  bore  the  try- 
ing ordeal  with  heroic  fortitude,  and  is  doing  nicely  today. 
The  doctors  think  that  they  have  succeeded  in  getting  the 
cancer,  roots  and  all  out  and  have  no  doubts  of  the 
patient's  recovery. 

The  follow-up  story  read: 

Our  readers  will  remember  that  a  few  days  ago  Mrs. 
Steinhoff  had  an  operation  performed  for  the  purpose  of 
removing  a  cancer  from  her  breast,  which  cancer  weighed 
over  three  pounds.  Dr.  Finfrock  informs  us  that  the  lady  is 
doing  so  well  that  is  really  a  remarkable  case.  The  incision 
was  measured  today,  and  was  eight  and  one-half  inches  in 
length.  There  is  no  suppuration,  and,  in  fact,  the  operation 
has  be  a  complete  success  it  would  seem.' 
Another  of  Finfrock's  medical  feats  occurred  on  July 
29,  1891,  and  was  reported  in  the  Laramie  Republican 
the  following  day  under  the  title  "Mending  a  Nerve:" 
A  very  delicate  surgical  operation,  the  third  of  the 
kind  ever  attempted  in  the  western  county,  was  successfully 
performed  yesterday  by  Dr.  J.  H.  Finfrock,  assisted  by  Drs. 
H.  L.  Stevens  and  S.  B.  Miller,  for  Mr.  John  Allen.  The 
history  of  the  case  is  brief  and  well  worth  reading. 

On  July  4  last,  Mr.  Allen  accidentally  stuck  a  knife  in 
his  wrist  and  cut  off  the  ulnar  artery  and  the  ulnar  nerve, 


Finfrock 's  civic  and  medical  contributions  were 
widely  recognized  in  the  community. 


67 


The  Eagle  Pharmacy  was  popular  with  the  people 
of  Laramie  .  .  .  "a  model  drug  store/' 


the  latter  being  the  nerve  that  supphes  some  of  the  fingers 
with  the  sense  of  touch,  and  being  about  the  size  of  a  wheat 
straw.  The  hand  soon  after  became  numb,  the  muscles  fell 
away  and  the  member  grew  weak  and  helpless.  The  impor- 
tance of  having  an  operation  performed  as  soon  as  possible 
was  impressed  on  Mr.  Allen,  and  he  finally  determined  to 
submit  to  it  in  order  to  save  his  hand. 

The  doctor  cut  down  and  discovered  that  the  nerve 
was  separated  about  three-fourths  of  an  inch— just  as  was 
expected.  The  severed  ends  were  freshened  by  cutting  off  a 
little  piece  of  each  and  the  ends  were  then  stitched  together 
with  catgut  and  the  wound  closed  up. 

It  was  a  very  nice  operation,  most  skillfully  performed, 
and  it  is  hoped  that  in  a  few  months  the  hand  will  be  in 
good  condition.  Recovery  will  be  necessarily  slow,  but  sure. 
There  were  some  branches  of  the  median  nerve,  which 
supplies  other  portions  of  the  hand,  also  cut  at  the  same 
time,  but  it  was  not  thought  best  to  try  to  take  this  up,  as  it 
would  necessitate  too  much  cutting.'" 
Of  course,  these  newspaper  accounts  should  be  read 
with  caution,  because  they  may  contain  over-zealous  re- 
porting. 


Finfrock's  pharmacy,  the  Eagle  Pharmacy,  was  pop- 
ular with  the  people  of  Laramie  and  the  Sentinel  went 
on  in  great  detail  to  describe  the  new  drugstore  as  being 
"a  model  drug  store,  fully  equipped  and  skillfully  con- 
ducted" when  the  store  was  moved  to  a  new  location  in 
1886.  The  article  stated: 

Two  weeks  ago  this  well  known  and  popular  pharmacy 
was  removed  from  the  old  stand  in  the  HoUiday  building  to 
commodious  and  elegant  quarters  on  Second  street.  An  in- 
spection of  the  new  store  is  respectfully  invited  by  the  pro- 
prietors, Messrs.  Finfrock  and  Thobro.  The  former  is  the 
oldest  druggist  in  Laramie,  having  been  engaged  m  that 
business  since  1868,  with  the  exception  of  perhaps  two 
years,  when  Mr.  Thobro  was  away  in  New  Mexico,  at 
which  time  Dr.  Finfrock  closed  out  the  drug  store  and  gave 
his  attention  solely  to  his  extensive  practice.  In  1885  Mr. 
Thobro,  who  is  a  thorough,  experienced  and  competent 
chemist  and  druggist,  returned,  the  partnership  was  then 
renewed,  and  their  business  became  so  enlarged  and  suc- 
cessful that  the  old  quarters  were  not  extensive  enough, 
and  the  new  building  was  erected  in  which  they  are  now 
pleasantly  located.  The  building  is  66  feet  by  24,  two  stories 


.' "vJ^  '-.'■     «^k^?^. 


Laramie,  1875. 


68 


in  height,  with  a  basement  beneath  running  from  front  to 
rear,  and  affording  excellent  storage  capacity.  The  front  of 
the  basement  is  leased  and  used  as  a  barbershop.  The  main 
store  room  is  54  feet  in  length  with  a  dispensary  in  the  rear 
12  feet  deep,  and  an  office  20  feet  deep  immediately  back 
of  the  dispensary  used  by  the  doctor  for  private  consulta- 
tion. The  second  floor  is  fitted  for  use  exclusively  as  a  pho- 
tograph gallery.  The  entire  building  is  well  lighted  and 
heated.  The  firm  have  just  invoiced  their  new  stock,  to  the 
amount  of  $10,000,  and  the  establishment  is  equal,  if  not 
superior,  to  any  west  of  Omaha. 

In  one  of  the  front  windows  is  a  large  glass  tank  which 
will  soon  be  fitted  up  as  an  aquarium,  and  filled  with  finny 
beauties,  and  all  sorts  of  queer  and  wriggling  monstrosities. 
On  the  left  as  you  enter  the  door  is  a  showcase  containing 
fine  brands  of  domestic  and  foreign  cigars,  while  opposite  is 
another  showcase  where  the  ladies  can  find  the  choicest 
perfumes  and  toilet  articles.  The  shelves  are  fully  stocked 
with  drugs  and  druggists'  articles,  and  inquiries  for  goods 
in  this  line  that  you  need,  are  always  met  with  ready  ser- 
vice. 

The  store  is  a  credit  to  its  owners,  and  another  large 
stone  in  the  edifice  of  Laramie's  prosperity." 

Unfortunately,  from  a  purely  pharmacy  history 
view,  no  accounts  are  available  to  judge  Finfrock's 
capabilities  as  a  druggist.  He  advertised  often  in  the 
Sentinel  offering  "Fine  Drugs,  Medicines,  Oil,  Per- 
fumery, Fancy  and  Toilet  Articles"  as  well  as  wall- 
papers. Advertising  also  included  statements  that  pre- 
scriptions would  be  carefully  compounded  and  that 
"prompt  attention"  would  be  given  to  mail  orders.'^ 

Although  the  newspaper  accounts  might  be  exag- 
gerated, Laramie  was  considered  lucky  to  have  Finfrock; 
good  medically  trained  people  were  scarce.  As  late  as 
1880  Wyoming  Territory  only  had  30  physicians  and 
surgeons  and  four  dentists. 

As  well  as  the  usual  diseases  taking  their  toll,  the 
Union  Pacific  Railroad  was  a  major  destroyer  of  life. 
Locomotive  boilers  often  exploded  and  low  roofed  snow- 
sheds,  often  called  "mantraps"  cracked  skulls  and  often 
broke  the  necks  of  brakemen.'^  Finfrock  took  advantage 
of  this  by  offering  to  serve  as  the  U.P.  Surgeon,  one  way 
to  further  supplement  his  income. 

Finfrock  was  interested  in  the  public  health  of  the 
community  and  urged  the  use  of  diptheria  anti-toxin 


and  the  construction  of  a  sewage  system  to  replace  out- 
door facilities  in  the  town.'"*  He  also  served  as  the  chair- 
man of  the  first  board  of  trustees  for  the  University  of 
Wyoming  when  the  school  was  founded  in  1886.  He  was 
a  trustee  until  1891.  Finfrock  was  also  chairman  of  the 
county  commission  and  mayor  of  Laramie  City  in  1885. 

During  the  summer  of  1893  John  Finfrock  spent  sev- 
eral months  in  the  east  with  his  son.  His  health  failing, 
Finfrock  moved  to  Boise,  Idaho,  in  September  of  1893  to 
escape  Laramie's  7,200  feet  altitude.  His  health  wors- 
ened and  he  died  in  Boise  on  November  11,  1893.  His 
body  was  returned  to  Laramie  for  burial,  his  funeral 
procession  was  described  as  the  largest  ever  in  that  city. 
The  charter  of  the  Masonic  Lodge  was  draped  in 
mourning  for  30  days. 

Perhaps  the  feelings  of  Laramieites  for  John  H.  Fin- 
frock, Laramie's  first  physician  and  druggist,  are  best 
summed  up  in  the  final  words  said  at  his  funeral:  "He 
was  a  man  take  him  for  all  in  all.  We  shall  not  look  upon 
his  like  again. "'^ 


1.  Laramie  Daily  Boomerang,  November  16,  1893. 

2.  Biographical  data  on  Finfrock  is  detailed  in  "John  H.  Finfrock 
and  Family,"  File  No.  719,  WPA  Collection,  Wyoming  State 
Archives,  Museums  and  Historical  Department. 

3.  The  John  H.  Finfrock  Diaries  are  held  in  the  collections  of  the 
American  Heritage  Center,  University  of  Wyoming.  Unless 
otherwise  cited,  all  quotations  and  specific  information  are  from 
the  diary  accounts. 

4.  Laramie  Daily  Boomerang,  November  16,  1893. 

5.  A.  Palmieri  and  D.  Hammond,  "Fort  Laramie  Medicine,  " 
Pharmacy  in  History  XXI,  No.  35  (January,  1976). 

6.  Laramie  Sentinel,  January  4,  1871. 

7.  Laramie  Daily  Boomerang,  July  13,  1975. 

8.  Laramie  Sentinel,  April  17,  1885. 

9.  Laramie  Sentinel,  April  20.  1885. 

10.  Laramie  Republican,  July  SO,  1891. 

11.  Laramie  Sentinel,  January  19,  1886. 

12.  Laramie  Sentinel,  series  of  advertisements,  1885. 

13.  T.  A.  Larson,  History  of  Wyoming.  (Lincoln:  University  of  Ne- 
braska Press,  1965),  p.  200. 

14.  Laramie  Daily  Boomerang,  July  13,  1975. 

15.  Ibid. 


69 


WSHS  32nd  Annual  Trek 


Goshen  and  Platte  County  Ranches 
June  19-20,  1981 


The  Goshen  County  Chapter  hosted  the  32nd  WSHS 
Annual  Trek  which  featured  visits  to  historic  ranches  in 
Goshen  and  Platte  counties. 

Following  registration  at  Eastern  Wyoming  College 
on  June  19,  buses  took  the  trekkers  to  the  Pratt-Ferris 
Ranch  east  of  Torrington.  Curtiss  Root  spoke  of  the 
Pratt-Ferris  ranch's  history.  The  ranch  dates  from  the 
1870s  when  Col.  James  H.  Pratt  and  Cornelius  Ferris, 
engaged  in  freighting  goods  to  the  Black  Hills,  saw  the 
possibilities  of  ranching  in  the  region.  The  Pratt-Ferris 
Cattle  Company  was  organized  in  1880  for  $100,000, 
and  backed  by  Chicago  financiers;  in  particular,  Levi  Z. 
Leiter  and  Marshall  Field.  The  house,  known  as  the 
"Prairie  Palace,"  was  built  in  1883.  The  first  Red  Cloud 
Agency  was  located  at  or  near  the  ranch  in  1871-72.  In 
1873,  the  agency  and  Red  Cloud's  people  were  moved  to 
the  White  River  of  northwestern  Nebraska. 

The  Saturday  trek,  consisting  of  seven  buses,  began 
at  Torrington  and  proceeded  south  to  the  first  stop  at 
Bear  Creek  Station.  Oscar  Yoder  told  of  the  history  of 
the  station.  Voder's  grandfather,  Philip  Yoder,  came  to 
Wyoming  in  1881. 


The  second  stop  was  a  visit  to  the  Yoder  ranch  built 
by  Philip  Yoder  in  1887.  Oscar  and  Vivian  Yoder  still 
live  in  the  house.  Refreshments  were  served  at  the  ranch 
and  then  the  trek  continued  on  through  the  Bear  Creek 
valley.  Picture  stops  were  made  at  the  Gardner -Griffin 
house  and  the  Dollar  ranch. 

From  the  Bear  Creek  valley  the  trek  turned  north  to 
meet  highway  313  and  continued  into  Chugwater.  The 
headquarters  of  what  was  once  one  of  the  largest  cattle 
operations  in  the  west,  the  Swan  Land  and  Cattle  Com- 
pany, was  the  next  stop.  Formed  under  the  management 
of  Alexander  Swan  and  backed  with  Scottish  capital,  the 
Swan  Company  (commonly  known  as  the  Two  Bar  after 
one  of  its  brands)  was  a  sprawling  network  of  ranches. 
Russell  Staats,  who  began  his  association  with  the  Swan 
Company  in  1927,  spoke  on  the  history  of  the  company. 

The  next  stop  was  the  Diamond  Ranch,  13  miles 
west  of  Chugwater.  The  Diamond  was  started  by  a  hot- 
tempered  New  York  born  eccentric  who  loved  horses 
and  designed  buildings,  George  Rainsford.  He  selected 
the  site  in  1879.  Rainsford  designed  a  number  of 
residences  in  Cheyenne.  In  the  early  1920s,  Major  Paul 


Trek  organizer  Don  Hodgson  points  to  the  Dollar  Ranch  as  guide  Lloyd  Hunter  prepares  to  speak  into  the 
megaphone. 


70 


John  Hunton  s  Bordeaux  Ranch  was  one  oj  the  stops  on  the  trek. 


PHOTO  BY  ED  BILLE 


Raborg  assumed  management  of  the  ranch  with  the 
backing  of  his  wife's  family  wealth.  In  1933  his  wife's 
family,  the  Obermans,  took  control  from  him  and  in 
1956,  the  ranch  was  sold  to  Hugh  McDonald,  a  neigh- 
boring rancher.  He  later  resold  parts  of  the  land. 

The  trek  participants  enjoyed  a  barbecue  lunch  in 
the  yard  at  the  Diamond.  After  lunch  the  group  re- 
turned to  Chugwater  and  continued  to  the  John  Hunton 
ranch.  Robert  Larson  presented  a  paper  on  Hunton  at 
the  site  of  the  concrete  house  he  built  in  1881. 

The  last  stop  on  the  trek  was  the  Hiram  Lingle 
Valley  View  Ranch  near  Lingle.  Harold  Winkle,  a  long- 


time resident  of  the  area,  told  about  the  ranch  and  the 
Lingle  family.  Raymond  Johnson,  current  owner  of  the 
ranch,  spoke,  too.  Hiram  B.  Lingle  came  to  the  area  in 
the  early  1900s.  The  present  Interstate  Canal  and  the 
irrigation  resulting  from  its  construction  were  largely  a 
result  of  Lingle's  efforts.  The  town  of  Lingle  was  found- 
ed in  1910,  although  another  community,  Wyncote,  was 
in  existence  nearby  much  earlier. 

The  trek  ended  at  Eastern  Wyoming  College.  Trek 
coordinator  was  Don  Hodgson.  Trek  tour  guides  includ- 
ed: Sandy  Hansen,  Robert  Larson,  Curtiss  Root,  Lloyd 
Hunter,  Oscar  Yoder  and  Hodgson. 


71 


BOOK  REVIEWS 


A  Fragment:  The  Autobiography  of  Mary  Jane 
Mount  Tanner.  Edited  with  an  Introduction  by 
Margery  W.  Ward  in  cooperation  with  George 
S.  Tanner.  (Sah  Lake  City:  Tanner  Trust  Fund, 
1980).  Index,  Photos,  231  pp. 

The  Autobiography  of  Mary  Jane  Mount  Tanner 
contributes  a  valuable  document  to  the  growing  body  of 
western  women's  history.  This  woman's  experiences  may 
be  particular  in  her  difficulties  as  a  pioneer  Mormon 
woman  and  her  conflicting  feelings  as  one  of  the  rela- 
tively small  proportion  of  plural  wives.  However,  her  life 
also  reflects  the  generalizeable:  the  painful  reality  of 
motherhood  in  the  face  of  repeated  childhood  deaths; 
the  assertion  of  feminine  frailty  in  a  role  demanding 
strength  and  independence  during  long  absences  of 
father  and  husband;  the  frustrating  daily  obsession  with 
writing  while  "being  constantly  annoyed  by  children." 
These  are  far  more  common  women's  experiences. 

The  book  is  organized  in  a  peculiarly  frustrating  for- 
mat. It  includes  an  informative  introduction  by  editor 
Margery  Ward,  followed  by  Tanner's  memoirs  (written 
between  1872  and  1879).  Then  it  proceeds  with  three 
separate  collections  of  correspondence  with  her  father  in 
California,  her  fiance/husband  in  California,  and  Mary 
Bessac,  a  non-Mormon  aunt  who  remained  in  the  East. 
All  of  these  sections  overlap  in  chronology,  and  com- 
parison of  the  various  perspectives  and  contradictions  is 
awkward  at  best.  The  organizational  choice  seems 
strange  since  the  editor  felt  free  to  interrupt  almost 
every  page  of  the  memoirs  themselves  with  nearly  a  half 
page  of  footnotes  and  historical  "corrections."  Yet  the 
valuable  material  in  Tanner's  correspondence  is  simply 
tacked  on  rather  than  providing  additional  coherent 
evidence. 

Several  themes  emerge  as  ongoing  conflicts  in  Mary 
Jane  Mount  Tanner's  life.  Within  the  bounds  of  family 
life  she  would  staunchly  defend  polygamy  as  a  principle 


which  required  men  not  only  to  love  but  honor  and  sup- 
port women.  She  even  declared  it  as  a  solution  to  prob- 
lems of  abortion  and  infanticide,  about  which  she  ex- 
pressed repeated  concern  in  her  letters.  She  would  enjoy 
sharing  infant  child  care  with  a  second  wife  whose  child 
was  born  within  two  weeks  of  her  own.  But  she  also  de- 
scribed the  trial  of  sharing  her  husband  and  enjoyed  less 
the  responsibility  of  caring  for  five  extra  children  when 
Myron  threatened  to  divorce  his  other  wife.  Mary  Jane 
clearly  saw  her  primary  role  as  that  of  mother,  and 
could  write  about  the  deaths  of  three  of  eight  children  as 
"laying  up  treasure  in  heaven  where  .  .  .  they  will  be 
stars  in  my  crowTi  of  glory."  Early  marriage  of  women 
was  not  only  generally  expected,  but  for  her,  a  way  out 
of  an  unhappy  home.  Yet  both  she  and  her  mother  spent 
many  married  years  with  husbands  away  in  California. 
If  Tanner  didn't  articulate  specific  conflicts,  at  least  her 
ambivalence  is  recurrent. 

Similar  uncertainty  appears  in  her  aspirations  for 
herself  and  her  daughters.  While  she  felt  obvious  pride 
that  two  sons  graduated  from  Harvard,  Mary  Jane  was 
less  clear  about  her  own  and  her  daughters'  education. 
More  than  once  she  mourned  her  own  poor  schooling 
and  the  meager  opportunities  available  to  her  daugh- 
ters. Yet  she  warned  relatives  in  the  East  that  the  price 
of  too  much  education  for  girls  might  be  broken  health. 
She  wanted  her  own  writing  to  be  recognized,  often  en- 
couraging relatives  to  send  her  letters  to  newspapers, 
and  doing  that  herself  as  well.  While  she  hoped  that  her 
writing  "would  leave  something  that  will  be  of  use  for  my 
children,"  she  likely  would  have  been  pleased  that  when 
she  died  of  a  stroke  at  age  53,  her  obituary  would  read, 
"Mrs.  M.  J.  Tanner,  wife  of  Bishop  Myron  Tanner,  of 
the  Third  Ward,  perhaps  more  widely  knovwi  as  the 
'Utah  County  Poetess,'  was  taken  suddenly  ill  last  Sun- 
day. .  .  ." 

The  conflicting  relationships  between  creative  work 
and  motherhood,  between  marriage  and  selfhood  are 


72 


constantly  recurring  themes  in  women's  history,  and  as 
such  deserve  attention  in  the  rare  primary  evidence  from 
women's  lives,  most  often  in  autobiographies  and  letters 
such  as  these.  Mary  Jane  Mount  Tanner's  autobiography 
provides  insight  to  more  than  the  life  of  a  Utah  pioneer. 

Katherine  Jensen 

Jensen  is  an  assistant  professor  of  sociology  and  director  of  women's 
studies  at  the  University  of  Wyoming. 


North  to  Montana!  Jehus,  Bullwhackers,  and 
Mule  Skinners  on  the  Montana  Trail.  By  Betty 
M.  Madsen  and  Brigham  D.  Madsen.  (Salt  Lake 
City:  University  of  Utah  Press,  1980).  Map.  II- 
lus.  Appendices.  Bib.  xviii,  298  pp.  $20.00. 

The  development  of  the  American  West  is  often  vis- 
ualized in  the  mind  as  an  east -to -west  process:  even 
allowing  for  cattle  drives  and  California  mission  devel- 
opment, the  Overland  trails,  the  railroad,  the  move- 
ment of  the  frontier  itself  seem  to  progress  steadily  west- 
ward. Mining  rushes  and  subsequent  settlement  in  the 
Intermountain  and  Rocky  Mountain  territories  pro- 
duced some  west-to-east  movement,  but  nothing  to  dis- 
rupt the  sense  of  a  steady  cross-country  flow  of  people 
and  "civilization." 

Betty  and  Brigham  Madsen's  book  reminds  us  that 
north-south  movement  occurred  too,  for  both  social  and 
economic  reasons.  The  stage  and  freighting  business 
between  the  predominantly  Mormon  territory  of  Utah 
and  the  rapidly  expanding  mining  country  of  Montana 
was  short  lived.  It  underwent  constant  change  as  new 
communities  grew  up  in  Montana  and  as  steamship  and 
especially  railroad  lines  made  necessary  or  possible  new 
shipping  points.  Above  all,  it  was  dramatically  affected 
by  rough  and  generally  unpopulated  terrain  and  by 
atrocious  winter  weather.  But  for  two  decades  the  flow 
of  goods  and  people  took  place  — at  first  almost  exclu- 
sively northward;  then,  as  Montana's  mining  grew,  in 
the  other  direction  as  well.  The  business  produced  lively 
and  dramatic  tales  and  made  life  above  a  very  primitive 
level  possible  in  Montana. 

North  to  Montana!  is  essentially  a  descriptive  work, 
not  synthesizing  or  analytical.  It  fills  in  the  gaps,  geo- 
graphically and  temporally.  Its  authors  know  their 
material  well,  and  they  also  know  a  great  deal  about  the 
context  in  which  the  Montana  Trail  freighting  business 
operated.  Unfortunately,  their  book  does  not  communi- 
cate as  much  of  that  knowledge  as  it  might. 

It  is  a  frustrating  book  to  read.  The  basic  arrange- 
ment, essentially  chronological,  makes  good  sense.  But 
the  dozen  chapters  are  broken  up  into  innumerable 
small  segments,  sometimes  only  a  page  or  so  in  length. 


The  account  is  so  fragmented  that  it  is  difficult  to  com- 
prehend in  any  broad  sense. 

Some  additions  would  strengthen  the  book.  A  brief 
sketch  of  the  sequence  of  mining-camp  establishment  in 
Montana  (with  a  more  detailed  map  than  that  found  on 
the  endpapers)  would  help  the  reader  understand  the 
constant  shift  in  stage  as  well  as  freight  routes;  another 
map  of  the  area  from  the  Utah  border  to  Salt  Lake  City, 
showing  rail  lines  and  some  topography,  would  make 
clearer  the  hassles  over  rail  terminals  and  routes  at  that 
end  of  the  trail.  A  drawing  or  two  of  how  ox  and  mule 
teams  are  harnessed  would  make  the  rather  technical 
descriptions  of  that  crucial  process  clearer.  Politics  in 
Utah  and  Montana  had  much  to  do  with  the  growth  of 
both  territories,  and  the  freighting  business  both  af- 
fected and  was  affected  by  economic  development. 
More  discussion  of  territorial  legislative  action  would  be 
useful,  as  would  more  discussion  of  the  tensions  between 
Mormons  and  gentiles  in  Utah  and  Idaho  territories.  In 
short,  the  Madsens  have  given  their  readers  credit  for 
more  knowledge  of  the  story's  context  than  they  are  like- 
ly to  have. 

There  are  a  few  minor  mistakes  presumably  result- 
ing from  typographical  errors,  but  the  book  itself  is  well 
and  attractively  produced.  It  would  have  been  helpful  to 
explain  why,  all  of  a  sudden,  the  "Utah  Northern  " 
railroad  becomes  the  "Utah  and  Northern"  if  the  period 
addressed  is  after  November  of  1878,  when  the  Union 
Pacific  bought  out  the  road  and  changed  its  name 
slightly:  it  appears  otherwise  as  sloppy  editing,  some- 
thing of  which  the  book  is  remarkably  free  by  any  stan- 
dards. The  lack  of  full  citations  in  footnotes  (they  are 
found  in  the  bibliography)  is  frustrating  but  under- 
standable in  a  book  not  meant  as  a  major  scholarly 
treatise  — and  it  is  certainly  preferable  to  notes  at  the 
back. 

North  to  Montana!  contains  an  interesting  story.  It 
could  have  been  told  better  with  a  better  organization 
and  more  attention  to  outside  forces  affecting  it;  but  the 
book  is  nonetheless  a  welcome  addition  to  the  lore  of  In- 
termountain economic  growth. 

Judith  Austin 

The  reviewer  is  a  historian  with  the  Idaho  State  Historical  Society 
and  editor  of  that  agency's  quarterly  journal,  Idaho  Yesterdays. 


Wyoming:  A  Geography.  By  Robert  Harold 
Brown.  (Boulder:  Westview  Press,  1980).  Index, 
selected  Bibliography,  Illus.,  Maps,  Tables,  374 
pp.,  $35.00  cloth,  $20.00  paper. 

The  phenomena  of  the  world  around  us  crowd  in  at 
our  senses  in  a  bewildering  variety  of  impressions,  sym- 
bols and  behaviors.   Out  of  reality's  riotous  chaos  our 


73 


minds  find,  or  impose,  order,  structure  and  symmetry. 
This  then  allows  us  (usually),  by  inference  and  analogy 
to  anticipate  and  comprehend  actions  and  meanings  in 
each  of  our  environments. 

This  individual  human  enterprise  has  its  academic 
version  in  the  discipline  of  geography.  These  practition- 
ers gaze  out  upon  the  landscape  searching  for  the  pat- 
terns, the  evidences,  of  human  interaction  with  the  en- 
vironment. But  geographers  are  faced  with  the  same 
dilemma  that  constrains  the  individual.  Namely,  how 
does  one  organize  the  overwhelming  amount  of  data  at 
one's  disposal?  What  are  the  relevant  categories  of 
human  behaviors,  i.e.  what  people  have  been  or  are  do- 
ing "out  there,"  that  will  allow  the  geographer  control 
over  his  materials?  It  must  often  seem  that  a  fine,  or 
even  disappearing,  line  separates  the  trivial  from  the 
profound,  the  meaningful  from  meaningless,  or  the 
pragmatic  from  the  mystical. 

Within  the  search  for  appropriate  materials  it  is  rare 
that  a  single  geographer  will  choose  a  political  unit  the 
size  of  a  state  and  successfully  (not  to  mention  coherent- 
ly) organize  and  present  the  possible  perspectives.  Hap- 
pily, Robert  Harold  Brown,  has  done  exactly  that  for 
the  state  of  Wyoming,  making  his  book  perhaps  the 
single  most  valuable  tool  available  for  understanding  the 
state.  That  is,  of  course,  a  bold  statement,  but  Brown 
simply  has  no  competitors,  which  makes  his  remarkable 
work  all  the  more  useful. 

Brown  begins  with  the  notion  that  Wyoming's  exis- 
tence as  a  political  unit  is  the  fundamental  organizing 
category  to  develop  what  he  calls,  ".  .  .  modern  regional 
political  geography."  However,  while  this  is  his  starting 
place  he  ranges  far  and  wide  across  the  physical  and  cul- 
tural landscapes.  He  includes  population,  occupations, 
agriculture,  industry,  cultural  and  natural  resources, 
transportation  and  social  organizations.  The  data  for 
each  of  these  areas  is  first  presented  in  an  historically  de- 
veloped narrative  and  then  plotted  on  a  map,  or  maps. 

The  depth  of  research  presented  in  Brown's  imag- 
inative use  of  maps  is  a  sign  not  only  of  his  careful 
scholarship  but  also  the  fact  that  much  of  the  material 
has  been  developed  over  a  decade  since  the  publication 
by  DEPAD  of  his  Wyoming  Occupance  Atlas.  (1970). 

Of  course  in  a  book  of  this  scope,  the  basic  presenta- 
tion of  each  category  is  of  necessity  limited  to  a  few 
salient  features  while  the  reader  is  directed  to  the  notes 
for  further  investigation.  Also,  in  such  a  format,  the 
author  will  be  strongest  in  his  own  areas  of  major  in- 
terest and  Brown  is  no  exception.  His  standards  for  data 
inclusion  are  much  more  liberal  in  such  areas  as  sym- 
bolic behaviors,  rural  ranch  and  farmsteads  layout,  or  in 
general,  anything  that  deals  with  cultural  phenomena  in 
the  anthropological  sense.  He  glosses  over  distinctive  dif- 
ferences in  ranching,  farming  and  herding  throughout 
the  state  where  the  presence  or  absence  of  water  has 
created  unique  micro-cultural  ecologies.  However,  the 


basic  research  on  such  communities  in  the  state  remains 
to  be  done  and  it  borders  on  quibbling  to  fault  Brown 
for  not  being  more  precise. 

Such  concerns  aside,  this  book  belongs  not  on  the 
shelf  but  on  the  desk  of  every  person  involved  in  study- 
ing, developing  or  understanding  the  state  of  Wyoming. 
We  are  all  fortunate  that  Brown  wrote  it. 

Dennis  Coelho 


The  reviewer  is  a  Folk  Arts  Coordinator  for  the  Wyoming  Council  on 
the  Arts. 


Movable  Type,  Biography  of  Legh  R.  Freeman. 
By  Thomas  H.  Heuterman.  (Ames:  The  Iowa 
State  University  Press,  1979).  Index.  Bib.  Illus. 
172  pp.  $9.95. 

Movable  Type  is  the  clever  title  for  a  biography,  not 
of  Johann  Gutenberg,  but  of  Legh  R.  Freeman,  owner 
and  publisher  of  the  Frontier  Index  and  other  frontier 
newspapers.  Gutenberg's  invention  of  movable  type  in 
the  15th  century  provided  impetus  for  the  Renaissance, 
and  by  the  17th  century,  it  had  lent  its  force  to  the 
Reformation.  The  19th  century  expansion  of  civilization 
into  the  American  west  was  also  supported  by  men  with 
printing  presses  and  cases  of  Gutenberg's  movable  type. 
This  book  is  the  story  of  the  owner  and  publisher  of  the 
Frontier  Index,  a  unique  newspaper  which  moved  from 
camp  to  camp  with  the  advancing  Union  Pacific  rail- 
road as  it  penetrated  the  high  plains  and  the  Rocky 
Mountains.  The  mobility  of  Legh  Freeman's  "Press  on 
Wheels",  however,  was  provided  by  the  creaking  wheels 
of  freight  wagons. 

The  Index's  slogan  "Press  on  Wheels"  conjures  up 
the  popular  image  of  a  newspaper  plant  conveniently  es- 
tablished in  a  Union  Pacific  boxcar  sitting  at  a  railroad 
siding  waiting  only  to  be  attached  to  a  passing  train  and 
moved  to  its  new  locations  as  demand  or  the  needs  of  the 
publisher  dictated.  In  fact,  the  newspaper  was  often 
published  in  grading  camps  miles  ahead  of  the  end  of 
the  tracks.  Until  plant  equipment  arrived,  and  was  un- 
packed and  set  up  in  a  building  at  a  new  location,  the 
newspaper  was  still  being  published  in  its  previous  loca- 
tion. The  Frontier  Index  may  therefore  be  considered  to 
have  been  the  press  for  the  mobile  town  of  "Hell  on 
Wheels",  but  it  inevitably  became  the  "boomer"  pro- 
moting settlement  of  the  towns  which  would  eventually 
emerge  from  the  boisterous  railroad  camps.  Legh 
Freeman  and  his  brother  became  speculators  in  real 
estate,  mineral  development,  and  other  enterprises  as 
opportunities  arose  at  each  of  the  points  at  which  they 
set  up  their  printing  plant. 

Dr.  Heuterman  once  worked  for  the  Herald- 
Republic    in    Yakima,    Washington,    where    Legh    R. 


74 


Freeman  had  established  one  of  his  later  newspapers. 
The  author  took  his  PhD.  degree  at  the  University  of 
Washington,  and  he  became  Chairman  of  the  Depart- 
ment of  Communications  at  that  institution.  His  exten- 
sive bibliography  for  this  work  is  indicative  of  the  prob- 
lems he  encountered  in  his  efforts  to  trace  the  story  of 
the  Freemans'  transient  newspapers.  The  sources  of 
material  in  the  book  are  thoroughly  documented  in 
notes  at  the  end  of  the  text  for  those  with  a  scholarly 
interest  in  either  the  historical  content  or  the  author's 
evaluations  of  the  significance  of  Freeman's  contribu- 
tions to  western  journalism.  The  book  is  also  of  interest 
for  western  history  enthusiasts  as  well  as  casual  or  recrea- 
tional readers.  It  is  concisely  written,  informative  and 
entertaining. 

The  Frontier  Index  was  published  at  ten  different 
sites  along  the  location  of  the  Union  Pacific  railroad  in  a 
period  of  only  36  months.  Relatively  few  copies  of  the 
newspaper  are  extant,  so  much  of  Dr.  Heuterman's  ma- 
terial had  to  come  from  other  sources.  He  dissects  Legh 
Freeman's  nature  with  descriptions  of  the  Freeman  heri- 
tage, dreams,  writings  and  some  of  his  more  venture- 
some exploits.  The  author  offers  critical  analyses  of  the 
techniques  and  devices  Freeman  used  in  his  writing  and 
publishing.  He  also  explains  the  need  for  frontier  news- 
papers to  play  to  the  romanticized  image  of  the  west 
held  in  the  minds  of  eastern  readers. 

In  the  tradition  of  those  who  take  up  the  pen  for  use 
as  a  weapon  against  what  each  of  them  perceives  as  the 
sources  of  society's  ills,  Legh  Freeman,  usually  over  the 
pseudonym  Horatio  Vattel,  sought  the  exclusion  of  cer- 
tain "undesirable"  elements.  For  Freeman,  the  culprits 
included  most  racial  minorities  and  certain  lawless  white 
men.  The  victims  of  some  of  Freeman's  journalistic  ti- 
rades came  to  consider  Freeman  and  the  Frontier  Index 
at  least  as  undesirable  as  they  were.  Rather  than  pub- 
lishing their  views,  a  gang  of  such  individuals  took  ac- 
tion at  Bear  River  City,  Wyoming  on  November  20, 
1868.  They  attacked  the  town,  destroying  the  newspaper 
plant,  and  effectively  silencing  Legh  Freeman,  as  Ho- 
ratio Vattel,  at  least  for  the  moment. 

For  students  of  Wyoming  history,  the  Bear  River 
City  riot  represents  the  end  of  the  Frontier  Index,  but 
Dr.  Heuterman  gives  us  the  rest  of  the  story.  He  traces 
the  tumultuous  career  of  Legh  Freeman  through  Utah, 
Montana,  and  Washington  state  until  his  death  in  1917. 

It  becomes  a  rather  poignant  story  of  a  man  am- 
bitious for  public  recognition  and  political  power,  frus- 
trated by  his  wanderlust,  his  unfortunate  personality 
and  his  outspoken  prejudices.  Freeman  never  overcame 
his  urge  to  keep  moving  on  to  conquer  new  horizons, 
especially  when  opportunities  arose  to  set  up  newspapers 
for  the  purpose  of  promoting  new  railroad  townS.  He 
eventually  alienated  even  his  own  sons.  After  leaving  his 
father's  employ,  the  youngest  son  quickly  became  an  in- 
fluential publisher  and  successful  in  Washington  state 


politics.  He  achieved  the  very  things  his  father  could 
not,  demonstrating  by  his  example  the  errors  of  the 
father's  ways. 

Dr.  Heuterman  offers  a  critical  analysis  of  Free- 
man's accomplishments  and  the  reasons  for  his  limited 
successes  and  repeated  failures.  He  closes  the  biography 
of  Legh  R.  Freeman  with  conclusions  about  the  signif- 
icance of  Freeman's  frontier  newspapers  and  their  im- 
pact on  the  regions  they  served.  This  biography  gives  the 
reader  a  rare  insight  into  the  character  and  personality 
of  the  man  who  is  its  subject. 

LeClercq  L.  Jones 

The  reviewer  is  Vice  President  of  Frontier  Printing,  Inc.  of  Chey- 
enne. 


Tour  Guide  to  Old  Western  Forts:  The  Posts 
and  Camps  of  the  Army,  Navy  &  Marines  on  the 
Western  Frontier,  1804-1916.  By  Herbert  M. 
Hart.  (Boulder  &  Fort  Collins:  The  Old  Army 
Press,  1980.)  $22.50. 

It  is  always  exciting  to  know  that  another  book  or 
anthology  on  western  forts  of  the  military  frontier  has 
been  recently  published.  This  is  so  for  the  reviewer  in 
the  case  of  Herbert  Hart's  Tour  Guide  to  Old  Western 
Forts.  However,  one  of  its  shortcomings  is  apparent  in 
the  title.  The  dimensions  of  the  book,  81/^x11%  inches, 
and  its  hardbound  construction  make  it  nearly  impossi- 
ble to  use  handily  if  one  plans  to  take  it  in  the  field  to  be 
used  as  a  tour  guide. 

If  the  reader  considers  himself  a  "fort  freak"  this 
book  will  give  him  a  feeling  of  disappointment.  The  de- 
scriptions of  each  post  are  rather  bland  and  replete 
largely  with  old  information.  On  the  other  hand,  the  old 
maps  at  the  beginning  of  each  chapter  are  used  to  show 
where  the  forts  and  camps  were  located  within  states. 
This  would  be  interesting  to  those  who  have  familiarity 
with  the  topic.  For  those  who  are  interested  novices, 
these  maps  are  rather  confusing  because  they  show  none 
of  the  modern  highways  nor  how  one  would  reach  a  par- 
ticular post.  Only  by  turning  a  few  pages  in  the  book 
and  reading  the  descriptions  for  a  post  will  you  find  how 
to  reach  the  destination. 

There  is  a  noble  attempt  to  put  in  as  many  illustra- 
tions of  the  different  posts  as  possible,  but,  in  most  in- 
stances, the  photos  are  sized  down  and  lack  clarity  and 
perspective.  The  same  must  be  said  of  the  plat  maps 
used  in  the  book.  They  are  taken  from  a  previous  Old 
Army  Press  reprint  of  Outline  Descriptions  of  the  Posts 
in  the  Military  Division  of  the  Missouri,  1876.  Although 
perhaps  useful  to  a  person  who  is  familiar  with  19th  cen- 
tury military  posts,  the  miniscule  writing  on  the  reduced 
plats  makes  them  nearly  useless. 


75 


This  work  will  offer  anyone  who  wishes  to  tour  by 
armchair  a  satisfactory  orientation  of  western  forts  on 
the  military  frontier.  However,  with  the  large  size  of  the 
book  and  the  compactness  of  descriptions  and  illustra- 
tions the  end  result  is  confusion  because  too  much  was 
attempted. 

The  author  has  previously  published  four  works  on 
western  forts  that  can  be  considered  classics.  He  has  pro- 
jected one  more  to  be  volume  five  of  that  series.  A  fort 
enthusiast  can  only  hope  that  it  will  happen  soon. 

Ralph  Stock 

The  reviewer  is  deputy  director,  Museums  Division,   Wyoming  State 
Archives,  Museums  and  Historical  Department. 

Recollections  of  Charley  Russell.  By  Frank  Bird 
Linderman.  Edited  and  with  an  introduction  by 
H.  G.  Merriam.  (Norman;  University  of  Okla- 
homa Press,  1981.)  Index.  Illustrated.  148  pp. 
$9.95. 

This  is  the  second  printing  of  the  book  originally 
published  in  1963.  It  is  a  delightful  account  which 
should  appeal  to  a  broader  audience  than  just  Charley 
Russell  fans.  Linderman,  a  writer,  jotted  down  his  recol- 
lections shortly  after  the  artist's  death  in  1926.  Those 
coupled  with  an  extensive  collection  of  letters  from  his 
friend  provide  the  basis  for  this  small  book  (approx- 
imately 110  pages  are  devoted  to  text). 

Until  this  narrative,  Russell  biographers  have  ig- 
nored this  resource  and  it  would  have  been  regrettable  if 
this  book  hadn't  materialized.  It  is  evident  that  a  close 
friendship  existed  between  Russell  and  Linderman.  The 
warmth  and  humor  of  the  frontier  artist  are  captured  by 
his  friend  —  whether  it  was  on  one  of  their  regular  hunt- 
ing trips,  or  on  a  visit  to  New  York  City  or  England. 

The  depth  of  the  friendship  is  also  shown  through 
the  interest  in  each  other's  work.  Linderman  was  instru- 
mental in  securing  two  of  Russell's  earliest  and  biggest 
commissions  up  to  that  time  (the  Montana  Club  in 
Helena  and  the  mural  in  the  House  of  Representatives 
chamber  in  the  Capitol  in  Helena).  Linderman's  interest 
in  Indians  led  him  into  researching  and  writing  about 
them  — an  interest  both  men  shared. 

Since  Russell  visited  the  Linderman  home  on  num- 
erous occasions,  there  are  many  references  to  this 
aspect,  too.  However,  this  reviewer  found  the  section 
"As  We  Remember  Mr.  Russell "  the  least  appealing.  It 
is  based  upon  the  memories  of  the  three  Linderman 
daughters  and  lacks  the  spark  of  previous  chapters. 

Recommended  reading. 

Linn  Rounds 

Rounds  is  editor  o/ Wyoming  Library  Roundup  and  is  Public  Infor- 
mation Officer  for  the  Wyoming  State  Library. 

76 


Vanguard  of  Expansion:  Army  Engineers  in  the 
Trans-Mississippi  West,  1819-1879.  Historical 
Division,  Department  of  the  Army.  (Washing- 
ton, D.C.:  Government  Printing  Office,  1980). 

The  Army  Topographical  Engineers'  role  in  the  ex- 
ploration of  America's  trans-Mississippi  West  was  long 
overlooked  by  historians  until  William  Goetzmann's  ex- 
cellent 1959  study.  Army  Exploration  in  the  American 
West,  1803-1863.  Schubert,  in  Vanguards  of  Expansion, 
acknowledges  Goetzmann's  as  the  definitive  work  on  the 
subject  and  offers  his  slim  volume  as  a  "more  conve- 
nient," compact  study  for  readers  inside  and  outside  the 
modern  Corps  of  Engineers.  The  result  is  a  well  written, 
well  illustrated  book  that  relies  heavily  on  Goetzmann, 
other  secondary  sources,  published  official  reports  of  the 
"topogs' "  expeditions,  and  an  occasional  manuscript 
collection.  Schubert  provides  neither  a  re-interpretation 
nor  new  insights  into  the  subject.  His  intention  is  to  pre- 
sent a  readable  book  for  the  layman  and  in  that  he  suc- 
ceeds. 

Describing  the  Topographical  Engineers  as  the  link 
in  exploration  between  the  mountain  men  and  the  post 
Civil  War  civilian  scientists,  Schubert  traces  their  history 
from  their  status  as  the  Bureau  of  Topographical  Engi- 
neers within  the  Army  Engineer  Department  (1816),  to 
an  independent  Corps  of  Topographical  Engineers 
(1831),  to  their  merger  into  the  Army  Corps  of  Engi- 
neers during  the  Civil  War,  to  the  final  eclipse  of  their 
official  exploration  duties  by  civilian  scientists  in  the 
1879  formation  of  the  United  States  Geological  Survey. 

Throughout  their  history,  an  absence  of  government 
policy  toward  exploration  meant  the  topogs'  exploration 
duties  were  often  secondary  to  military  or  political  ones. 
As  a  result,  Schubert  writes,  "the  story  of  topog  explora- 
tions and  surveys  in  the  West  was  generally  that  of  indi- 
vidual officers'  achievements  instead  of  Bureau  accom- 
plishment." 

Schubert's  book  reflects  this  thesis  in  its  emphasis  on 
individuals,  ranging  from  the  well  known  John  C.  Fre- 
mont and  John  W.  Gunnison  to  the  more  obscure  Wil- 
liam H.  Emory,  Lorenzo  Sitgreaves  and  Gouverneur  K. 
Warren.  The  result,  however,  is  more  an  episodic  than  a 
cohesive  history.  Goetzmann  places  the  Topographical 
Engineers  in  an  historical  — including  a  political,  scien- 
tific, intellectual  and  cultural  — context  that  provides  a 
broader  basis  for  understanding  and  evaluating  the 
topogs'  actions  and  achievements.  In  trimming  down 
Goetzmann's  massive  study,  Schubert  chose  to  eliminate 
that  kind  of  material.  Consequently,  the  analytic  and 
evaluative  edge  is  reduced  mostly  to  celebrating  the 
engineers'  scientific  contributions. 

Among  the  topogs'  contributions  was  information 
on  Indian  ethnology,  including  Lieut.  Amiel  W.  Whip- 
ple's valuable  report  containing  a  vocabulary  of  Yuma 
Indian  language.  Schubert's  own  language  with  regard 


to  Indians,  however,  is  unfortunate.  He  adds  "hostile  In- 
dians" to  the  list  of  "obstacles"  the  topogs  "faced  and 
overcame."  In  the  Southw^est,  Schubert  claims,  Lieut. 
Col.  Joseph  E.  Johnston  and  his  assistants,  "overcame 
many  obstacles,  from  thieving  bands  of  Apaches  to  the 
dry  tableland  between  the  Concho  and  Pecos  rivers." 
The  topogs  themselves  were  not  always  inclined  to  view 
the  Indians  as  merely  troublesome  obstacles  and  annoy- 
ances on  the  landscape.  Schubert  does  present  a  number 
of  compelling  examples  of  his  subjects'  sensitivity  to  In- 
dians. Captain  Thomas  J.  Lee,  for  example,  resigned 
from  the  1855  Harney  punitive  expedition  against  the 
Sioux  "to  avoid  the  disagreeable  duty  of  chastising  In- 
dians." Lee's  replacement,  Lieut.  Gouvemeur  K.  War- 
ren, aided  wounded  Indian  women  and  children  during 
the  fight  at  Ash  Hollow  and  recorded  in  his  journal,  "  'I 
was  disgusted  with  the  tales  of  valor  in  the  field,  for 
there  were  but  few  who  killed  anything  but  a  flying 
foe.'  "  And  of  his  work  in  defining  routes  to  invade  Sioux 
country  Warren  wrote,  "  'I  almost  feel  guilty  of  crime  in 
being  a  pioneer  to  the  white  men  who  will  ere  long  drive 
the  red  man  from  his  last  niche  of  hunting  ground.'  " 

The  strength  of  Schubert's  book  comes  in  moments 
like  this  when  he  fleshes  out  the  handful  of  Army 
engineers  who  mapped  and  explored  the  West.  As  an  in- 
troduction to  the  subject.  Vanguard  of  Expansion  is 
satisfying.  For  a  more  complete  and  penetrating  analysis 
read  Goetzmann's  book. 

Sherry  L.  Smith 

The  reviewer  is  an  instructor  at  the  University  of  Colorado  in 
Boulder. 

Ruxton  of  the  Rockies.  Collected  by  Clyde  and 
Mae  Reed  Porter  and  edited  by  LeRoy  R. 
Hafen.  (Norman:  University  of  Oklahoma  Press, 
second  printing,  1979).  325  pp.  $7.95  paper. 

Life  in  the  Far  West.  By  George  Frederick  Rux- 
ton, edited  by  LeRoy  R.  Hafen.  (Norman:  Uni- 
versity of  Oklahoma  Press,  fifth  printing,  1979). 
252  pp.  $4.95  paper. 

The  Taos  Trappers:  The  Fur  Trade  in  the  Far 
Southwest,  1540-1846.  By  David  J.  Weber. 
(Norman:  University  of  Oklahoma  Press,  second 
printing,  1980).  263  pp.  $6.95  paper. 

All  three  books  are  reissues  of  standard  works  on  the 
fur  trade  era. 

George  Frederick  Ruxton  was  the  third  son  born  to 
his  parents  at  Eynsham  Hall,  England.  He  was  some- 
what of  a  problem  in  school  and  at  age  13  was  sent  to  a 
military  college.  Two  years  later  he  was  expelled  foj^his 
misdeeds.  Thus  free,  he  became  intent  on  adventuring. 

Ruxton  of  the  Rockies  takes  the  young  adventurer 
through  Spain,  Canada,  Africa  and  Mexico.  From  Chi- 


huahua he  headed  for  New  Mexico,  not  without  hard- 
ship, and  then  north  to  the  Rocky  Mountains.  Of  all  the 
places  Ruxton's  journeys  took  him,  none  won  his  heart 
so  completely  as  the  Rocky  Mountains. 

Back  in  Britain,  Ruxton  completed  his  manuscript 
Life  in  the  Far  West  as  well  as  a  number  of  other  articles 
based  on  his  experiences.  Life  in  the  Far  West  originally 
ran  as  a  serial  in  Blackwood's  Edinburgh  Magazine, 
June  to  November,  1848.  It  reads  more  like  a  novel  and 
at  times  seems  a  bit  far-fetched.  Nevertheless,  it  is  based 
in  part  on  Ruxton's  own  experiences  and  those  of  his 
fellow  mountain  men. 

Unfortunately,  Ruxton  suffered  from  an  injury  re- 
ceived from  a  fall  while  in  the  Rockies  and  his  health 
deteriorated.  Still,  he  was  determined  to  return  to  the 
Rocky  Mountains  and  got  as  far  as  St.  Louis,  where  he 
died  August  29,  1848,  at  the  age  of  27.  Ruxton  managed 
to  cram  more  life  into  the  few  years  he  traveled  than  a 
dozen  people  would  in  their  collective  lifetimes.  These 
experiences  are  all  chronicled  in  Ruxton  of  the  Rockies 
and  Life  in  the  Far  West,  both  very  readable  books. 

Weber's  book  on  the  other  hand  is  quite  different. 
In  The  Taos  Trappers,  Weber  has  pulled  together  an 
incredible  amount  of  information  from  original  sources. 
He  describes  the  development  of  the  fur  trade  in  Taos 
and  its  role  as  a  market  and  supply  depot  for  the  trap- 
pers. The  last  two  chapters  which  focus  on  the  declining 
years  of  the  fur  trade  are  the  easiest  to  follow  and  are  by 
far  the  most  interesting. 

The  Taos  Trappers  offers  almost  more  than  the 
reader  wants  to  know  about  the  southwest  fur  trade. 
The  pages  are  so  heavily  documented  as  to  interfere  with 
the  reading.  It  is  an  excellent  reference  book,  however, 
and  the  bibliography  alone  is  worth  having. 

Marion  M.  Huseas 

Huseas  is  Curator  of  Research  and  Interpretation  for  the  Wyoming 
State  Museum. 

The  Clearing  of  the  Mist.  By  Richard  F.  Fleck. 
(Paradise,  CA:  Dustbooks,  1979).  147  pp.  $2.95 
paper,  $7.95  cloth. 

When  two  IRA  rebels,  hiding  from  the  British,  ac- 
cidentally discovered  a  forgotten  diary  the  reader  is 
taken  on  an  adventure  that  leads  from  Ireland  to  the 
American  West  and  back  again.  The  author  of  the  fic- 
tional diary,  Brian  McBride,  is  orphaned  during  the 
great  Irish  famine  of  the  1840s.  After  slaving  on  railroad 
construction  to  earn  enough  money  to  pay  his  passage  to 
America,  McBride  leaves  behind  the  terrible  conditions 
of  Ireland  and  takes  an  emigrant  ship  bound  for  Can- 
ada. His  journey  eventually  takes  him  to  the  United 
States  where  he  joins  the  army  and  winds  up  at  Fort  Lar- 
amie. 


77 


McBride  quickly  becomes  disillusioned  with  his  mili- 
tary experience  and  deserts  to  live  with  the  Indians. 
Upon  the  death  of  his  Shoshoni  wife,  he  eventually  finds 
his  way  back  to  Ireland  only  to  find  oppression  there  as 
well. 

Those  with  any  experience  in  reading  actual  diaries 
from  the  19th  century  will  find  McBride's  account  con- 
fusing. Author  Richard  Fleck  goes  to  great  lengths  to 
establish  the  credibility  of  the  diary,  but  then  seems  to 
quickly  lose  sight  of  the  perspective.  He  begins  Mc- 
Bride's diary  in  the  first  person,  but  then  shifts  to  the 
third  person  and  in  between  he  carelessly  vacillates  back 
and  forth.  It  likewise  includes  far  too  much  dialogue  to 
bear  any  resemblance  to  an  authentic  journal.  And,  if 
this  dialogue  is  truly  supposed  to  represent  McBride's 
written  account,  then  he  had  a  strange  manner  of  put- 
ting it  down  in  trite  accents,  depending  upon  the  na- 
tionality or  race  of  the  character.  (Can  an  Irish  person 
really  detect  an  "Irish  accent?")  The  story  would  have 
been  much  improved  had  it  not  been  presented  as  a 
diary. 

Though  the  reviewer  cannot  speak  with  any  author- 
ity as  to  the  historical  accuracy  of  the  first  portion  of  the 
novel,  the  section  relating  to  McBride's  frontier  experi- 
ences lacks  accuracy  and  realism.  This  shortcoming  can- 
not help  but  reflect  upon  the  entire  work.  The  author's 
portrayal  of  the  Regular  Army  in  the  West  is  a  mixture 
of  Hollywood's  A  Distant  Trumpet,  Little  Big  Man,  and 
Soldier  Blue,  with  a  good  deal  of  Viet  Nam  era  senti- 
ment throwTi  in.  It  is  clear  that  the  author  set  out  to 
malign  the  army,  once  again,  as  the  stereotyped  villain 
and  scapegoat  for  all  the  Indian  problems.  Fleck  even 
goes  so  far  as  to  compare  U.S.  soldiers  at  Fort  Laramie 
with  Nazi  SS  troopers!  The  rest  of  this  section  further 
emphasizes  the  fact  the  author  was  clearly  outside  the 
realm  of  his  expertise.  It  is  obvious  that  Fleck  cared  little 
for  historical  facts  as  he  carelessly  bent  them  and  fabri- 
cated his  own  to  suit  his  argument. 

Though  Richard  Fleck  attempts  to  draw  parallels 
between  the  plights  of  the  Irish  and  the  American  In- 
dian, the  two  situations  bear  little  similarity.  Making 
comparisons  between  the  Irish  rebellion  and  the  Amer- 
ican frontier  experience  is  like  comparing  apples  with 
oranges.  As  a  result.  Clearing  of  the  Mist  strains  in  an 
ill-timed  attempt  to  make  a  point  about  man's  in- 
humanity and  senseless  prejudice.  Unfortunately,  it 
comes  off  as  a  shallow,  impassioned,  over-reaction  and 
the  point  is  lost  somewhere  in  the  mist.  As  an  historical 
novel,  it  leaves  a  great  deal  to  be  desired.  Clearing  of  the 
Mist  clears  up  nothing  at  all  and  in  fact  further  obscures 
human  understanding  behind  a  fog  of  bias  and  hack- 
neyed images. 

Douglas  C.  McChristian 

McChristian  is  with  the  National  Park  Service  at  Fort  Davis,  Texas. 
78 


Blackfeet  and  Buffalo:  Memories  of  Life  Among 
the  Indians.  By  James  Willard  Schultz,  edited 
and  with  an  introduction  by  Keith  C.  Steele. 
(Norman:  University  of  Oklahoma  Press,  1981). 
Index,  Glossary,  xiv,  384  pp.  $7.95. 

This  is  the  second  release  of  Blackfeet  and  Buffalo: 
Memories  of  Life  Among  the  Indians,  with  few  altera- 
tions from  the  1962  edition.  The  only  major  change  is 
the  elimination  of  24  illustrations  from  the  earlier  hard- 
back edition.  Regardless  of  this  economizing  measure, 
the  book  remains  well  worth  reading  by  Northern  Plains 
Indian  aficionados  and  serious  scholars  alike. 

Blackfeet  and  Buffalo  was  first  published  posthu- 
mously, 15  years  after  Schultz's  death  at  Fort  Washakie. 
His  second  wife,  Jesse  Schultz,  deserves  credit  for  com- 
piling this  text  from  widely  scattered  published  sources. 

Schultz  knew  of  what  he  spoke.  Twenty-six  years 
among  the  Pikuni,  the  southernmost  tribe  of  the 
Blackfoot  confederacy,  gave  him  an  intimate  view  of 
their  way  of  life.  Nor  did  Schultz  watch  objectively  from 
the  sideline.  Instead,  he  passionately  immersed  himself 
in  the  Blackfoot  way  of  life.  For  example,  he  married  a 
Pikuni  woman,  went  raiding  with  the  Blackfeet,  wit- 
nessed sacred  ceremonies  such  as  the  Tobacco  Planters 
Society  ritual,  and  was  an  adopted  member  of  the 
Pikuni  tribe.  In  1877  he  came  to  the  Blackfeet  as  a  fur 
trader  and  later  became  a  guide  and  interpreter.  In  his 
time  with  the  Blackfeet,  he  witnessed  the  passing  of  the 
buffalo  and  the  passing  of  the  nomadic  way  of  life  of  the 
Blackfeet  nation.  The  death  in  1903  of  his  wife.  Fine 
Shield  Woman,  ended  Schultz's  intimate  association 
with  the  Pikuni.  He  soon  left  Blackfoot  country  and 
from  then  on  he  wrote  of  the  Blackfoot  from  afar. 

In  the  mid- 1880s  Schultz's  writing  efforts  were  first 
noticed  and  encouraged  by  George  Bird  Grinnell,  then 
the  owner  and  editor  of  Field  and  Stream.  In  turn, 
Schultz  introduced  Grinnell  to  the  Blackfeet.  With  this 
introduction  and  with  continual  help  from  Schultz, 
Grinnell  wrote  Blackfoot  Lodge  Tales. 

Grinnell's  and  Schultz's  friendship  grew  through  ex- 
ploration and  hunting  trips  into  the  country  that  be- 
came Glacier  National  Park.  In  fact,  the  two  spear- 
headed the  drive  to  establish  Glacier  National  Park. 
However  interesting  this  portion  of  the  text  is,  it  is  in- 
congruous with  the  major  focus  of  the  book.  Additional 
discussion  of  big  game  hunting  and  place  names  in 
Glacier  National  Park  only  adds  further  dissonance  to 
the  tone  and  scope  of  the  book. 

Blackfeet  and  Buffalo  is  divided  into  two  parts; 
those  narratives  experienced  and  recounted  by  Schultz 
and  those  told  of  him  by  his  Pikuni  friends.  The  strength 
of  Blackfeet  and  Buffalo  is  in  its  storytelling  aspect. 
Schultz  is  a  master  raconteur  at  work.  His  years  and 
knowledge  of  the  Blackfeet  culture  enriches  the  narra- 
tives with  a  wealth  of  ethnographic  detail  which  is  unob- 


trusively  related.  The  short  story  format  is  an  excellent 
medium  to  recount  personal  experience  stories  and  leg- 
ends. The  only  drawback  to  the  short  story  format  is 
that  it  produces  a  jumpy  narrative  flow  and  there  is  a 
slight  tendency  for  repetition  of  story  details. 

The  engaging  and  personal  aspect  of  Blackfeet  and 
Buffalo  overshadows  its  implicit  and  sometimes  faulty 
historicity.  Those  readers  initially  concerned  with  the 
underdeveloped  chronology  in  individual  stories  and  the 
progression  of  the  book  as  a  whole  will  be  allayed  by  the 
vividness  of  the  narratives.  Schultz  is  a  storyteller  not  a 
historian.  His  narratives  share  characteristics  of  much 
orally  communicated  history.  Generally,  they  have  a  dis- 
regard for  standard  chronology,  a  clustering  of  accounts 
around  certain  events  or  people  and  displacement  of 
original  actors  in  historical  events. 

Blackfeet  and  Buffalo:  Memories  of  Life  Among  the 
Indians  is  a  good  book.  It  has  the  balance  of  perceptive 
ethnographic  detail  with  the  action  of  a  story  well  told. 

Timothy  S.  Cochrane 


The  reviewer  is  the  Oral  Historian  for  the  State  Historical  Depart- 
ment. 


Am,erican  Indian  Leaders:  Studies  in  Diversity. 
Edited  with  an  introduction  by  R.  David  Ed- 
munds. (Lincoln:  University  of  Nebraska  Press, 
1980).  Index.  Bib.  Illus.  257  pages.  $19.50, 
paper,  $5.95. 

Even  though  numerous  writers  have  sought  to  offer 
a  knowledgeable  account  of  the  Native  Americans'  past, 
most  historians  have  failed  to  analyze  the  variety  of  In- 
dian responses  to  White  expansionism.  Instead,  a  ma- 
jority of  authors  have  concentrated  on  the  more  popular 
chiefs  such  as  Crazy  Horse  or  Geronimo  who  violently 
opposed  the  advancing  frontier.  In  his  edited  work, 
American  Indian  Leaders:  Studies  in  Diversity,  R. 
David  Edmunds  attempts  to  counter  this  tradition  by 
focusing  on  the  variety  of  methods,  especially  non- 
military  actions,  that  tribal  leaders  used  to  resist 
political  and  cultural  domination. 

The  12  biographical  essays  portray  Indian  political 
leaders  from  most  areas  of  the  country  and  from  early 
eighteenth  century  to  the  present.  As  the  editor  notes  in 
the  introduction,  the  book  does  not  investigate  social 
and  religious  leaders  or  women  who  played  a  prominent 
role  in  a  band's  history.  The  writers  demonstrate  that 
tribes  responded  differently  in  striving  to  preserve  parts 
of  their  traditions  and  land  in  the  face  of  White  aggres- 
sions. Cultural  values,  the  band's  relationship  with  qther 
Indians,  the  tribe's  previous  experiences  with  the  for- 
eigners, and  the  chiefs'  parental  and  educational  back- 
ground  accounted  for  much  of  the   diversity  in   the 


Native  Americans'  reactions  to  acculturative  pressures. 
Most  authors  examine  leaders  who  chose  non -violent 
methods  in  dealing  with  the  White  government. 

Despite  this  unique  approach  to  the  study  of  Indian 
history,  the  book  has  some  weaknesses.  Even  though  Ed- 
munds is  responding  to  such  works  as  The  Patriot 
Chiefs,  in  which  Alvin  Josephy,  Jr.  focuses  upon  only 
those  Indians  who  violently  opposed  frontier  expansion, 
the  editor  nevertheless  includes  biographies  of  Sitting 
Bull  and  Santanta,  two  of  the  more  famous  men  who 
employed  force  to  protect  their  land  and  families.  These 
articles  do  not  contribute  any  new  information  to  the 
numerous  accounts  of  these  chiefs,  and  they  intrude 
upon  the  general  context  of  the  book  which  stresses  non- 
military  tactics.  As  a  result,  American  Indian  Leaders 
does  not  have  a  unifying  theme  to  relate  the  diverse 
backgrounds  and  experiences  of  the  various  leaders. 

While  the  book  successfully  portrays  the  Indians' 
diverse  responses  to  American  expansionism,  some  au- 
thors do  not  present  an  accurate  account  of  the  chiefs' 
contributions  to  the  tribe.  James  O'Donnell,  Martin 
Zanger,  and  H.  Craig  Miner's  essays  on  Joseph  Brant, 
Red  Bird,  and  Dennis  Bushyhead  do  not  examine  the 
leaders'  relationship  to  their  band  and  thus  fail  to  dem- 
onstrate how  the  actions  of  these  chiefs  benefited  the 
people.  By  offering  the  illusion  that  Sitting  Bull  was  the 
chief  of  all  the  Teton  Sioux,  Herbert  T.  Hoover  con- 
dones the  misconception  that  the  entire  tribe  chose  force 
in  resisting  White  advances.  This  problem  is  also  char- 
acteristic of  Peter  M.  Wright's  "Washakie"and  Donald 
Worcester's  "Santanta." 

In  contrast  to  these  articles,  Gary  Moulton,  Michael 
D.  Green,  and  William  T.  Hagan's  essays  on  John  Ross, 
Alexander  McGillivray,  and  Quanah  Parker  portray  the 
the  importance  of  these  leaders'  actions  in  preserving 
some  of  the  tribes'  traditions.  These  chiefs  demonstrated 
that  non-military  tactics  were  as  viable  as  violent 
methods  in  protecting  a  tribe's  identity.  Other  writers 
also  rendered  important  contributions  to  the  study  of 
Indian  history. 

The  examination  of  leaders  in  the  reservation  era 
represents  one  of  the  strengths  of  this  book.  In  Native 
American  studies,  most  historians  dwell  upon  the  In- 
dians' reactions  to  White  frontier  expansion  but  fail  to 
document  tribal  responses  to  acculturative  pressures  in 
the  twentieth  century.  Peter  Iverson's  articles  on  Carlos 
Montezuma  and  Peter  McDonald  offer  a  valuable  in- 
sight into  the  Indians'  continued  attempts  to  deal  with 
White  society  during  the  reservation  period.  Not  only 
does  the  author  provide  an  analytical  account  of  these 
leaders,  but  he  also  demonstrates  that  these  Indians  and 
their  cultures  did  not  disappear  and  die  after  the  Whites 
confined  them  to  a  reservation. 

Through  the  examination  of  the  various  Indian  re- 
sponses to  expansionism,  Edmunds'  edited  work  pro- 
vides  an   important   perspective   to   Native   American 


79 


studies.  In  addition,  most  of  these  articles  no  longer 
uphold  the  false  impressions  that  the  tribes  possessed 
static  cultures  and  that  they  were  violent  reactionaries  to 
White  encroachments.  As  the  articles  indicate,  most 
tribes  exhibited  foreign  policy  objectives,  and  the  inter- 
action of  the  changing  Indian  and  White  cultures  pre- 
cipitated unique  responses  from  the  bands.  Therefore, 
American  Indian  Leaders  is  a  welcome  and  a  needed 
addition  to  the  investigation  of  Indian  history. 

Michael  A.  Massie 

The  reviewer  is  Historical  Reiiew  and  Compliance  Officer  for  the 
Wyoming  Recreation  Commission. 

The  Democratic  Art,  An  Exhibition  on  the 
History  of  Chromolithography  in  America, 
1840-1900.  By  Peter  C.  Marzio.  (Ft.  Worth: 
Amon  Carter  Museum  of  Western  Art,  1979). 

Art  exhibition  catalogues,  by  their  very  nature,  tend 
to  be  extremely  narrow  and  specialized  pieces  of  pub- 
lishing, readable  to  scholars  but  often  of  little  interest  to 
the  lay  reader.  Exceptions  exist,  of  course.  The  glossy 
hardcover  editions  of  the  Museum  of  Modem  Art's 
catalogues  on  Cezanne,  The  Late  Work  and  more  re- 
cent Picasso  retrospective  exhibitions  are  full  of  enough 
beautiful  color  pictures  to  grace  any  middle-class  coffee 
table  while  containing  a  text  detailed  enough  to  please 
the  most  scrupulous  academician.  Likewise,  the  recently 
published  catalogue  The  Democratic  Art,  An  Exhibi- 
tion on  the  History  of  Chromolithography  in  America 
1840-1900  is  both  informative  and  enjoyable. 

Organized  to  coincide  with  the  exhibition's  opening 
at  the  Amon  Carter  Museum  of  Western  Art,  in  Septem- 
ber, 1979,  the  catalogue's  text  is  written  by  Peter  C. 
Marzio,  Director  of  the  Corcoran  Gallery  of  Art.  Mr. 
Marzio  has  long  been  a  champion  of  the  less  understood 
American  art  forms  and  he  must  have  relished  the 
chance  to  write  the  catalogue  for  a  major  exhibition  of 
American  chromolithography.  The  text's  style  is  re- 
laxed, especially  in  the  first  chapter  wherein  Marzio 
defines  the  lithographic  process  in  a  completely  succinct 
and  understandable  fashion.  The  process  of  lithog- 
raphy, and  chromolithography  especially,  being  as  com- 
plicated as  it  is,  this  simple  explanation  is  no  small 
accomplishment . 

Once  the  definitions  of  the  various  lithographic 
methods  are  complete,  the  author  aims  straight  for  the 
heart  of  his  premise.  To  him,  the  chromolithograph  has 
long  been  ig^nored  as  a  vital  and  important  American  art 
form  and  through  the  exhibition  and  catalogue  text, 
Mr.  Marzio  sets  out  to  raise  it  to  its  proper  stature.  Thus, 
the  reader  encounters  numerous,  though  often  dry,  his- 
torical accounts  of  the  various  American  printing  com- 
panies. 

80 


Master  printers  made  fine  art  available  to  this  coun- 
try's public  in  mass  quantities  beginning  in  1840  in  Bos- 
ton. The  first  of  these  "chromistes",  as  master  lithog- 
raphers were  referred  to,  was  the  English  immigrant 
William  Sharp  who  printed  America's  first  chromolitho- 
graph, a  portrait  of  a  certain  gentleman  named 
F.  W.  P.  Greenwood,  in  1840.  Later,  in  Boston,  the 
famous  firm  of  L.  Prang  and  Company  was  founded,  in 
addition  to  that  of  Philadelphia's  Thomas  Sinclair  and 
New  York's  Julius  Bien  and  the  most  widely  known  firm 
of  Currier  and  Ives. 

In  the  mid-19th  century  it  was  Louis  Prang,  the 
greatest  entrepreneur  of  all,  who  most  greatly  advanced 
the  cause  of  the  chromo.  He  sensed,  as  well  as  much  of 
his  competition,  that  the  chromolithograph  was  the 
great  democratic  art  form  suitable  for  consumption  in 
mass  quantities  by  the  people  of  the  greatest  democracy 
on  earth.  This  driving  concern  of  Prang's  made  him  rich 
and  opened  the  way  for  chromolithographers  to  not  only 
make  a  decent  living  but  to  experiment  with  their  art 
form.  Thus,  by  the  1880s,  chromolithographs  were 
made  based  on  orig[inal  designs  for  lithographs  rather 
than  paintings  as  had  been  the  practice  before. 

American  firms,  like  the  Courier  Company  of  Buf- 
falo, discovered  French  artists  like  Henri  de  Toulouse- 
Lautrec  who  had  been  creating  original  chromolitho- 
graphs as  advertising  for  the  theatre,  performing  artists 
and  restaurants. 

With  the  inevitable  improvement  in  printing  tech- 
niques, creating  chromolithographs  for  "free"  mass  con- 
sumption, via  hand  bills  and  posters  became  affordable. 
In  the  best  American  tradition  of  free -enterprise,  print- 
ing firms  throughout  the  East  and  Midwest  gained  a  new 
patron,  corporate  America. 

A  favorite  of  Mr.  Marzio's,  and  likely  the  public  who 
viewed  the  exhibit,  is  a  large  chromo  of  Custer's  Last 
Stand,  printed  by  the  Milwaukee  Lithographic  and  En- 
graving Company  in  1896.  Across  the  bottom  of  the 
print  below  the  title  was  the  name  of  the  sponsor,  the 
Anheuser  Busch  Brewing  Association.  The  idea  of  spon- 
soring art  and  entertainment  may  have  been  born  with 
chromolithographs  like  Custer's  Last  Stand;  at  any  rate, 
as  democratic  art  goes,  it  was  certainly  an  antecedent  for 
television  50  years  later.  Though  Mr.  Marzio  goes  into 
detail  describing  the  various  able  but  uninspired  print- 
ing firms  which  made  chromolithography  a  popular  art 
form,  one  company  stands  out  today  above  the  others 
—  the  Strobridge  Lithographing  Company  of  Cincin- 
nati. This  company  was  the  lucky  recipient,  during  the 
1890s,  of  original  designs  by  the  leading  Czech  Art 
Nouveau  artist  Alphonse  Mucha  who  was  under  con- 
tract to  Sarah  Bernhardt,  the  premiere  European  actress 
of  her  day.  The  resultant  large  (often  nearly  seven  feet 
high  by  three  feet  wide)  chromolithograph  posters  ad- 
vertising Miss  Bernhardt's  American  theatrical  tours  are 
the  high  point  of  the  chromolithography  movement  in 


this  country.  It  seems  fitting  that  with  the  last  of  Bern- 
hardt's  American  tours  around  1900,  the  chromolitho- 
graph went  out  of  favor  with  the  American  public.  It 
was  replaced  by  even  more  accessible  and  democratic 
art  forms  like  photography,  the  cinema  and  eventually 
television. 

Mr.  Marzio's  final  work  on  chromolithography  is  a 
valid  one.  Aside  from  the  intrinsic  aesthetic  value  of 
much  of  the  chromolithographic  production  during  the 
19th  century  (which  he  asserts  has  traditionally  been  ig- 
nored in  favor  of  the  finer  printing  methods  of  etching, 
copper  engraving  and  the  like),  chromolithography,  by 
the  very  nature  of  its  "democratic"  intentions  is  a  very 
important  cultural  indicator.  It  thrived  for  70  years  be- 
cause it  arrived  at  the  same  time  as  the  birth  of  com- 
merce and  was  able  to,  in  the  author's  words,  "survive 
bad  economic  times,  maintain  low  prices,  respond  to 
and  guide  public  taste  and  deliver  high  quality  goods." 
Reading  Mr.  Marzio's  text  and  viewing  the  illustration 
in  the  catalogue  attest  to  this  assertion.  The  writer's  and 
the  exhibition's  goal  to  elevate  the  chromolithograph  to 
its  proper  place  in  the  pantheon  of  American  art  is  ac- 
complished. 

Steve  Cotherman 

Cotherman  is  curator  of  the  State  Art  Gallery. 

BOOK  NOTES 


The  Western  Peace  Officer,  A  Legacy  of  Law 
and  Order.  By  Frank  R.  Prassel.  (Norman:  Uni- 
versity of  Oklahoma  Press,  second  printing 
1975).  Index.  Bib.  Illus.  330  pp.  $7.95. 

This  book  makes  two  interesting  statements.  One  is 
that  the  average  frontier  peace  officer  was  no  better  or 
worse  than  the  community  he  served.  The  other  is  that 
the  West  is  more  violent  and  crime-prone  today  than  it 
was  a  hundred  years  ago.  If  the  first  contention  is  a  little 
obtuse  and  moot,  the  second  certainly  has  some  sub- 
stance. One  has  but  to  glance  at  the  daily  news  — printed 
or  video  — to  see  what  Prassell  is  talking  about. 

As  with  any  subject  of  this  nature,  it  becomes  the  re- 
sponsibility of  the  author  to  try  to  separate  fact  from  fic- 
tion and  to  try  to  discuss  whether  or  not  the  frontier  law 
enforcement  man  was  worthy  of  the  reputation  time  has 
placed  upon  him.  In  some  instances,  the  myth  is  more 
appealing  than  the  bare  facts.  At  other  times,  the  ac- 
tualities are  far  bloodier  and  violent  than  the  American 
public  will  find  acceptable. 

The  book  is  enhanced  by  some  photographs  includ- 
ing a  few  of  hangings  in  progress.  Four  appendices  pro- 
vide supplementary  information.  It  is  pleasant  enough 
reading  and  will  be  enjoyed  by  aficionados  of  the  more 
spectacular  type  of  Western  history. 


The  following  books  are  paperback  editions  of  pre- 
viously published  materials.  Reviews  have  appeared  in 
Annals  of  Wyoming  or  in  other  scholarly  journals,  but 
because  of  their  ongoing  popularity  or  academic  worth 
they  are  once  again  brought  to  the  reader's  attention. 

The  Gunfighter,  Man  or  Myth?  By  Joseph  G. 
Rosa.  (Norman:  University  of  Oklahoma  Press, 
fourth  printing,  1979).  Index.  Bib.  Illus.  229 
pp.  15.95. 

Rosa  is  an  English  writer  with  a  sincere  interest  in 
the  American  West.  In  this  work,  he  discusses  one  of  the 
West's  larger-than-life  legends  — the  gunfighter.  Realiz- 
ing that  motion  pictures  and  television  have  elevated 
frontier  gunfighters  to  hero  status,  Rosa  objectively  ex- 
amines these  individuals  and  their  violent  activities.  He 
points  out  that  they  shared  some  qualities  with  one 
another  — pride,  arrogance  and  an  indifference  to 
human  life.  They  all  had  strengths  of  character  as  well 
as  flaws.  They  were  in  short,  not  the  immortal  creatures 
Hollywood  has  given  us. 

The  photographs  are  a  nice  addition  and  the  bibli- 
ography is  most  helpful  to  serious  researchers  desiring 
more  extensive  information  on  the  topic.  The  book  will 
be  of  interest  to  general  readers  as  well  as  those  specific- 
ally intrigued  with  the  history  of  crime. 


The  Court  Martial  of  General  George  Arm- 
strong Custer.  By  Lawrence  A.  Frost.  (Norman: 
University  of  Oklahoma  Press,  second  printing, 
1979).  Index.  Bib.  Illus.  280  pp.  $6.95. 

Someone  once  remarked  that  more  books  had  been 
written  about  Napoleon  Bonaparte  than  any  other  indi- 
vidual in  history.  There's  a  possibility  that  the  remark 
was  made  before  June  25,  1876,  when  George  Arm- 
strong Custer  achieved  immortality  in  the  Battle  of  the 
Little  Big  Horn.  Among  the  many  books  on  Custer 
available  to  the  reading  public  is  Frost's  work  on  an  inci- 
dent in  the  life  of  the  general  that  occurred  some  nine 
years  before  Little  Big  Horn. 

In  1867,  an  extensive  campaign  was  undertaken 
against  the  Plains  Indians  in  Kansas.  It  proved  disas- 
terous.  To  make  matters  worse,  the  futile  campaign  was 
costing  an  estimated  $150,000  a  day.  When  Custer 
made  a  wrong  move  that  ordinarily  would  have  resulted 
in  a  reprimand,  the  high  command  saw  in  him  a  perfect 
scapegoat.  He  was  court  martialed. 

Frost  discusses  the  campaign,  the  decisive  skir- 
mishes, and  the  court  martial  activities  thoroughly.  He 
has  long  been  a  Custer  scholar,  and  has  examined  every 
available  source  in  putting  together  this  book.  It  is  a 
lucid  commentary  on  the  Indian  Wars  of  the  1860s. 


81 


The  California  Gold  Rush.  By  John  Walton 
Caughey.  (Berkeley:  University  of  California 
Press,  second  printing,  1975).  Index.  Bib.  Illus. 
323  pp.  $5.95. 

This  comprehensive  history  of  one  of  the  most  im- 
portant epochs  in  America's  history  was  originally  pub- 
lished in  1948  under  the  title.  Gold  is  the  Cornerstone. 
Since  that  time,  additional  research  materials  have  been 
discovered  and  other  publications  have  resulted.  None- 
theless, this  remains  one  of  the  best  chronicles  of  the 
California  gold  rush  ever  written,  and  in  the  second  edi- 
tion, only  a  few  additions  were  made  in  the  bibliog- 
raphy. None  were  made  in  the  text. 

Caughey 's  book  includes  information  on  life  in  the 
diggings,  early  mining  methods,  social  life  in  the  boom 
towns  and  travel  to  the  gold  fields  of  California.  Filled 
with  quotes  and  engaging  anecdotal  material,  his  work 
is  most  readable.  The  narrative  is  simple  and  well  con- 
structed. Because  so  much  relevant  material  on  the  gold 
rush  experience  is  contained  in  this  little  volume,  it  is 
recommended  that  every  collector  of  published  Western 
Americana  have  a  copy. 

Jim  Beckwourth:  Black  Mountain  Man  and  War 
Chief  of  the  Crows.  By  Elinor  Wilson.  (Norman: 
University  of  Oklahoma  Press,  second  printing, 
1980).  Index.  Bib.  Illus.  $6.95. 

The  Mountain  Man  period  in  America's  history 
seems  to  many  modern  readers,  the  most  romantic  era 
this  nation  produced.  Its  cast  of  characters  were  colorful 
individuals  who  have  grown  in  stature  with  the  passing 
of  time. 

Among  the  most  flamboyant  of  them  was  James 
Beckwourth,  the  son  of  a  Virginia  planter  and  a  slave 
woman.  If  we  can  believe  all  the  tales  about  Beckwourth 
that  have  been  recorded,  he  did  it  all.  He  was  a  hotel- 
keeper,  trapper,  chief  of  the  Crow  nation,  husband  to 
seven  wives  (at  one  time)  and  an  Indian  agent  for  the 
Cheyennes.  He  was,  if  all  this  is  true,  a  Victorian  answer 
to  the  Renaissance  man. 


Late  in  life,  Beckwourth  told  his  life  story  to  a  fellow 
named  T.  D.  Bonner  who  edited  and  published  the  ma- 
terial. According  to  Elinor  Wilson,  Bonner  was  vastly 
more  interested  in  money  than  in  the  true  facts  of  the 
mountain  man's  narrative  and  added  a  few  embellish- 
ments of  his  own  to  make  the  manuscript  more  market- 
able. She  contends  that  Bonner's  additions  earned  Beck- 
wourth the  soubrette,  "the  gaudy  liar." 

Whether  or  not  the  Black  explorer  accomplished  all 
that  is  credited  to  him,  his  biography  makes  nice  read- 
ing. It's  light,  brisk,  and  entertaining.  The  end  notes 
and  bibliography  indicate  that  Elinor  Wilson  conducted 
extensive  research  on  her  idol.  Her  solid  scholarship 
compliments  a  pleasant  narrative. 

Kit  Carson,  A  Portrait  in  Courage.  By  M.  Mor- 
gan Estergreen.  (Norman:  University  of  Okla- 
homa Press,  third  printing,  1979).  Index.  Illus. 
Bib.  $7.95. 

Kit  Carson  is  one  of  those  individuals  who  lived  long 
enough  to  watch  the  frontier  grow  up  and  start  to  be- 
come middle  aged.  Born  in  North  Carolina  in  1809  he 
went  west  at  an  early  age,  and  before  his  death  in  1867 
he  involved  himself  in  some  of  the  most  amazing  and  in- 
triguing adventures  recorded.  He  traveled  with  John 
Charles  Fremont,  fought  Indians,  became  a  brevet  gen- 
eral, led  expeditions,  trapped  and  traded  — he  was,  per- 
haps, the  apotheosis  of  the  Mountain  Man. 

It  must  be  understood,  however,  that  all  this  adven- 
ture lends  itself  to  distortion.  Estergreen 's  biography  is 
intended  to  serve  as  a  correction  of  that  distortion.  He 
has  used  material  given  him  by  Blanche  Chloe  Grant  —  a 
woman  who  collected  first  person  accounts  of  Carson's 
life  from  people  who  knew  him.  They  should  know 
whereof  they  speak.  The  author  has  drawn  upon 
Carson's  own  autobiography,  too.  The  research  sources 
all  appear  sound. 

When  the  reader  finishes  the  first  two  chapters  deal- 
ing with  Carson's  genealog[y  and  boyhood,  the  book 
comes  alive  and  becomes  an  arresting  piece  of  literature. 
The  handful  of  photographs  are  an  addition,  but  more 
would  have  been  better.  More  are  certainly  available. 


82 


INDEX 


"Act  Providing  for  the  Formation  and  Organization  of  Drainage  Districts," 

16,  18 
Allen,  John,  67-68 
American  Indian  Leaders:  Studies  in  Diversity,  edited  by  R.  David  Edmunds, 

review,  79-80 
Ames,  Oakes,  29 
Army,  Department  of  the.   Vanguard  of  Expansion:  Army  Engineers  in  the 

Trans -Mississippi  West,  1819-1879,  review,  76-77 
Arnold,  Rev.  F.  L.,  S5 
Amoldus,  H.  J.,  17 
Arthur,  Chester  A.,  37 
Austin,  Judith,  review  oi  North  to  Montana! Bullwhackers  and  Mule  Skinners 

on  the  Montana  Trail,  73 
Averell,  James,  37 

B 

Bartlett,  Judge  Ara,  24 

Basin,  Wyoming,  15 

Baxter,  George,  40 

Bear  River,  13 

Beardsley,  Lt.  G.  R.,  60 

Big  Horn  Basin,  13-20 

Big  Horn  Basin  Development  Co..  15 

Blackfeet  and  Buffalo:  Memories  of  Life  Among  the  Indians,  by  James  Wil- 

lard  Schultz,  edited  by  Keith  C.  Steele,  review.  78-79 
Blaine.  James  G..  33,  36 
Blair,  Jacob  B.,  33,  34.  36.  37;  photo,  30 
Bowman,  L.  A.,  17.  20 
Brewer,  Associate  Justice  David,  5 

Brown,  Robert  Harold,   Wyoming:  A  Geography,  review,  73-74 
Bruner,  Sister,  67 

Buecker,  Thomas  R..  editor.  "Letters  From  A  Post  Surgeon's  Wife."  44-63 
Buffalo,  Wyoming,  38 
Burlington,  Wyoming,  15 
Burris,  "Dutch  Charlie,"  24 
Burritt.  Charles  A..  14 
Byron.  Wyoming,  15 


The  California  Gold  Rush,  by  John  Walton  Caughey,  review,  82 
Campbell,  Judge  A.  C,  24,  33,  36,  37 
Campbell,  Governor  John  A..  26.  29 
CAMPS 

Augur.  45 

Brown.  45 

Sheridan.  (Nebraska),  61 

Stambaugh,  46,  54 
Carey,  Joseph  M.,  4,  14,  29,  32.  33;  photo.  30 
Carey  Land  Act.  14-15 

Caughey.  John  Walton.  The  California  Gold  Rush,  review.  82 
Christmas,  56,  57 
Clark,  Clarence  D.,  4.  6,  10-11 

The  Clearing  of  the  Mist,  by  Richard  F.  Fleck,  review.  77-78 
Cleveland,  Grover,  33,  36,  37 
Cochrane.  Timothy  S.,  review  of  Blackfeet  and  Buffalo:  Memories  of  Life 

Among  the  Indians,  78-79 
Cody.  Wyoming,  15 
Cody,  William  F,  15 

Coehlo,  Dennis,  review  of  Wyoming:  A  Geography,  73-74 
Conaway,  Asbury  B.,  38,  40;  photo,  31 
Constitutional  Convention  (Wyoming),  14 

Constitutional  Convention  Committee  for  Irrigation  and  Water  Rights.  14 
Corbusier.  Dr.  William  H.,  61 
Corlett.  W.  W..  22.  26.  34.  36,  37 
Com,  Samuel  T..  37;  photo,  31 
Cotherman,  Steve,  review  of  The  Democratic  Art,   An  Exhibition  on  the 

History  of  Chromolithography,  80-81 
Cotner,  Cotner  and  Kennedy,  17 
The  Court  Martial  of  General  George  Armstrong  Custer,  by  Lawrence  A. 

Frost,  review,  81 
Courts.  22-43 
Cowley.  Wyoming,  15 
Crook  County  Courthouse,  photo,  35  ^ 


D 


Dale  City,  23 
Deaver.  Wyoming,  15 


The  Democratic  Art,  An  Exhibition  on  the  History  of  Chromolithography, 

by  Peter  C.  Marzio,  review,  80-81 
Desert  Land  Act,  14 

Devine,  Augusta  "Gussie,"  46,  50,  52,  55,  56,  57,  60,  61 
Diamond  Ranch.  70 
Dollar  Ranch,  70 

Donahue,  Jim,  "Drainage  Districts  and  the  Great  Depression,  12-21 
"Drainage  Districts  and  the  Great  Depression,"  by  Jim  Donahue,  12-21 


Eagle  Pharmacy  (Laramie),  66-69:  photo,  66 

Edmunds.  R.  David.  American  Indian  Leaders:  Studies  in  Diversity,  review. 

79-80 
Eighth  Circuit  Court.  5-8 
Ellis.  J.  R..  20 
Emblem,  Wyoming,  15 
Estergreen,  M.  Morgan,  Kit  Carson,  A  Portrait  in  Courage,  review,  82 


Farm  Loan  Act,  18 

Farm  Loan  Board.  18-20 

Ferris,  Cornelius,  70 

Field,  Marshall,  70 

Finfrock,  Anna  (McCuUough),  65 

Finfrock,  John  H.,  64-69;  photos,  64,  65 

Finfrock,  William  E.,  66 

Fisher,  Joseph  W.,  29.  32.  34.  35;  photo.  27 

Fisher.  Tunis  Joe,  32 

Fisk,  Mrs.  ,  66 

Fleck,  Richard  F..  The  Clearing  of  the  Mist,  review.  77-78 

Force.  Dr.  ,  66 

FORTS 

Hall  (Idaho).  52 

Halleck.  66 

McKinney.  49 

Niobrara  (Nebraska).  60 

Russell.  48.  61 

Washakie.  45;  map.  49;  photos.  44-45.  48.  53.  56 
Fossils.  48.  50.  53.  54,  56 
Frey.  John.  45 
Frey.  Samuel  Ludlow.  45 
A  Fragment:   The  Autobiography  of  Mary  jane  Mount   Tanner,  edited  by 

Margery  W.    Ward  in  cooperation  with  George  S.   Tanner,   review, 

72-73. 
Frontier  Index.  24 

Frost,  Lawrence  A..  The  Court  Martial  of  General  George  Armstrong  Cus- 
ter, review,  81 
Fuller,  Chief  Justice  Melville  W,  7 


Gardner-Griffm  House,  70 

Garland,  Wyoming,  15 

Gibson.  Dr.  Edward  F..  48 

Giddings,  Major  Grotius  R.,  45 

Glafcke,  Herman,  29 

Great  Western  Sugar  Company,  17 

Greybull,  Wyoming,  15 

Green  River,  Wyoming,  46,  52.  54 

Groesbeck.  H.  V.  B.,  40 

The  Gunfighter.  Man  or  Myth?,  by  Joseph  G.  Rosa,  review.  81 

Hafen.  LeRoy  R.,  Life  in  the  Far  West,  review,  77 

Hafen,  LeRoy  R..  Ruxton  of  the  Rockies,  review.  77 

Hart.  Herbert  M.,  Tour  Guide  to  Old  Western  Forts:  The  Posts  and  Camps 
of  the  Army,  Navy  and  Marines  on  the  Western  Frontier,  1804-1916, 
review.  75-76 

Hayes.  President  Rutherford  B..  25.  34 

Heuterman.  Thomas  H..  Movable  Type,  Biography  of  Legh  R.  Freeman, 
review.  74-75 

Hill.  T.  P.,  38 

"A  History  of  the  Wyoming  Territorial  Supreme  Court  Justices,"  by  Re- 
becca W.  Thomson,  22-43 

Holly  Sugar  Company.  17 

Hook.  Judge 7 

Howe,  Church.  29 

Howe,  John  H.,  25,  26,  28.  29;  photo,  27 

Hoyt,  John,  35 

Hughes,  Governor  Charles  E.,  5-6 

Humberson,  Chris.  "Medical  Incidents  in  the  Life  of  John  H.  Finfrock," 
64-69 


Hunton,  John,  37.  70-71 

Huseas.  Marion  H..  review  of  Life  in  the  Far  West.  77 
Huseas.  Marion  H..  review  oi  Ruxton  of  the  Rockies,  77 
Huseas,  Marion  H.,  review  of  The  Taos  Trappers:  The  Fur  Trade  in  the  Far 
Southwest,  1340-1846,  77 

I 

INDIAN  CHIEFS  AND  INDIVIDUALS 

Black  Coal,  54,  59;  photo,  58 

Friday,  59:  photo.  58 

Sharp  Nose,  59:  photo.  59 

Washakie.  45,  48,  49,  54,  61:  photo.  51 

Washington.  59:  photo,  59 
TRIBES 

Arapaho,  48,  59 

Bannock,  48,  51,  52 

Shoshone,  45 

Snakes,  48 
Interstate  Canal,  71 
Irrigation,  12-21 
Ivinson.  Edward,  29 

J 

Jensen,  Katherine.  review  of  .4  Fragment    The  Autobiography  of  Mary  Jane 

Mount  Tanner,  72-73 
Jim   Beckwourth     Black  Mountain  Man  and   War  Chief  of  the  Crows,   by 

Elinor  Wilson,  review.  82 
Johnson.  Raymond.  71 
Johnston.  J.  A..  14 
Jolley.  H.  S..  17 
Jones  Geological  Survey.  50 
Jones.  LeClercq.  review  of  Movable  Type.  Biography  of  Legh  R    Freeman. 

74-75 
Jones,  W.  T.,  25,  29;  photo,  30 


Kelly,  H.  B  ,  37 

Kennedy.  T    Blake,  37 

Kingman.  John  W..  25,  26.  28.  34.  36;  photo.  30 

Kit  Carson.  A  Portrait  in  Courage,  by  M.  Morgan  Estergreen.  review. 

Knox,  Philander  C.  5 


Moonlight.  Thomas.  40 

Moore.  J.  K..  51.  52.  54.  55.  57.  58.  59,  60;  photo.  55 

Morgan. 23 

Mosier,  Henry,  24 

Movable  Type,  Biography  of  Legh  R.  Freeman,  by  Thomas  H.  Heuterman, 

review,  lA-lb 
Murrin,  Luke,  33 

N 
Nelson.  Daniel  A,.  "The  Supreme  Court  Appointment  of  Willis  Van  Devan- 

ter."  2-11 
North  to  Montana!  Bullwhackers  and  Mule  Skinners  on  the  Montana  Trail, 

by  Betty  M.  Madsen  and  Brigham  D.  Madsen.  review.  73 
Norton.  Charles,  7 


Otto,  Wyoming.  15 


Paddock.  Algeron  S..  S4 

Palmieri,  Dr.  Anthony,  "Medical  Incidents  in  the  Life  of  Dr.  John  H.  Fin- 
frock."  64-69 

Parks.  Samuel  C.  36;  photo,  31 

Parrott.  "Big  Nose"  George.  24 

Patrick.  Matt,  33 

Patten.  James  I..  50 

Pease.  Sarah  Wallace.  26.  28 

Peck.  W.  W  .  25,  33,  34.  35.  36:  photo.  31 

Peckham.  Justice  Rufus.  5 

Pepper.  Sheriff 34 

Perry,  John  C,  37 

Porter,  Clyde  and  Mae,  Ruxton  of  the  Rockies,  review.  77 

Posey.  P.  S..  28 

Potter.  Charles  N..  40 

Powell.  Wyoming.  15 

Powell.  Major  John  Wesley.  14 

Prassel,  Frank  R..  The  Western  Peace  Officer,  A  Legacy  of  Law  and  Order, 
review.  81 

Pratt.  Col.  James  H.  70 

Pratt  Ferris  Ranch.  70 


Lacey.  John  W.,  4,  37.  40:  photo.  27 

Lamar.  Joseph  R..  10 

Lander.  Wyoming,  53 

Laramie.  Wyoming  (1870s),  67;  photo.  67-68 

Laramie  County  Courthouse,  photo.  39 

Latham.  Dr.  Hiram.  24 

Lee.  Alf  C.  35 

Leiter.  Levi  Z..  70 

Leithead,  B.  L..  17 

"Letters  From  A  Post  Surgeon's  Wife."  edited  by  Thomas  R.  Buecker.  44-63 

Life  in  the  Far   West,   by  George  Frederick  Ruxton.  edited  by  LeRoy  R. 

Hafen.  review,  77 
Lime  kiln.  55.  56 

Linderman.  Frank  Bird.  Recollections  of  Charley  Russell,  review.  76 
Lingle.  Hiram.  71 
Lovell.  Wyoming.  15 
Lovell  Drainage  District,  1617 
Lurton.  Horace  H.,  5 


Raborg.  Major  Paul.  70 
Rainsford.  George.  70 
Rawlins.  Wyoming.  58.  59.  60 
Reclamation  Act.  15 

Recollections  of  Charley  Russell,  by  Frank  Bird  Linderman.  review.  76 
Reconstruction  Finance  Corporation.  19 
Red  Canyon,  46.  50.  61 
Reed.  Silas.  29 

Republican  Party  (Wyoming),  4 
Riner,  C.  W..  40 
Riner.  John  A.  37 
Rodgers,  Captain  William  W..  60 
Roosevelt.  President  Theodore,  4 

Rosa,  Joseph  G..  The  Gunfighter.  Man  or  Myth?,  review.  81 
Rounds.  Linn,  review  oi  Recollections  of  Charley  Russell,  76 
Ruxton.  George  Frederick.  Life  m  the  Far  West,  review.  77 
Ruxton  of  the  Rockies,  collected  by  Clyde  and  Mae  Reed  Porter,  edited  by 
LeRoy  R.  Hafen.  review.  77 


M 

McChristian.  Douglas  C,  review  of  The  Clearing  of  the  Mist,  77-78 

McDonald.  Hugh.  70 

Madsen.  Betty  M.,  and  Brigham  D.,  North  to  Montana!  Bullwhackers  and 

Mule  Skinners  on  the  Montana  Trail,  review,  73 
Maginnis,  William  L..  37.  40;  photo.  27 
Marsh.  Professor  O.  C.  53.  54.  56 

Martin. 23 

Marzio.   Peter  C.    The  Democratic  Art.   An  Exhibition  on  the  History  of 

Chromolithography.  review.  80-81 
Massie.  Michael  A.,  review  of  American  Indian  Leaders   Studies  in  Diversity, 

79-80 
Mead.  Elwood.  13 
Measles.  57 
"Medical  Incidents  in  the  Life  of  Dr.  John  H.  Finfrock."  by  Dr.  Anthony  Pal 

mieri  and  Chris  Humberson.  64-69 
Medicine.  64-69 

Metz.  Judge  Percy  W.,  16  17,  20:  photo.  16 
Miller.  Governor  Leslie  A.,  19 
Mondell,  Frank  W..  4.  6,  11,  15 
Moody,  Associate  Justice  William  H,  7 
Monahan,  Captain  Deane,  48.  61 


St.  Joseph's  Hospital  (Laramie),  67 

Sanborn,  Judge .  7 

Saufley.  Micah  C  37.  38;  photo.  31 

Schultz,  James  Willard,  Blackfeet  and  Buffalo:  Memories  of  Life  Among  the 

Indians,  review.  78-79 
Schwoob,  Jacob  M..  16 
Sener.  James  B..  36.  37:  photo.  27 
Sheep.  28 
Shoshone  River,  15 
"Shoshoni  Dick."  50,  51 
Smith,  Sherry  L..  review  of  Vanguard  of  Expansion:  Army  Engineers  in  the 

Trans- Mississippi  V/est,  1819-1879,  76-77 
Smoking.  60 
Snowstorms.  54 
Snyder.  John  M.,  18 
South  Pass.  46 

South  Pass  City,  Wyoming.  38 
Spaulding.  Rt.  Rev.  John  F..  50 
Staats.  Russell.  70 
Steele.    Keith   C.    Blackfeet   and   Buffalo:   Memories  of  Life   Among  the 

Indians,  review.  78-79 
Steele.  W.  R,,  29,  32.  36 


84 


Steinhoff,  Mns.  P.  A..  67 

Stevens,  Dr. ,  67 

Stock.  Ralph,  review  of  Tout  Guide  to  Old  Western  Forts:  The  Posts  and 

Camps  of  the  Army,    Navy  and  Marines  on   the    Western  Frontier, 

1804-1916,  75-76 
Stone.  Lucy.  28 
Straham.  Leonard  S.,  19 
Suffrage  Act,  26,  28 
Summers.  Dr.  John  F.,  46,  49 
Sun  Dance,  48-49.  51 
Sundance.  Wyoming,  photo,  35 
"The  Supreme  Ck)urt  Appointment  of  Willis  Van  Devanter,"  by  Daniel  A. 

Nelson.  211 
Swan  Land  and  Cattle  Co..  40.  70 


Taft,  President  William  Howard,  4.  6-10 

The  Taos  Trappers:   The  Fur  Trade  in  the  Far  Southwest,   1540-1846,  by 

David  J.  Weber,  review,  77 
Thayer,  Governor  John,  34,  36,  36 

Thobro, 68 

Thomas,  E.  A.,  32.  34;  photo.  SO 

Thomas,  Lt.  Earl  D..  46.  49.  50.  52,  58,  60 

Thomas,  Mrs.  Earl  D.,  54.  55.  56.  60 

Thomson.   Rebecca  W..  "A  History  of  the  Wyoming  Territorial  Supreme 

Court  Justices,"  22-43 
Tour  Guide  to  Old  Western  Forts:  The  Posts  and  Camps  of  the  Army,  Navy 

and  Marines  on  the  Western  Frontier,  1804-1916,  by  Herbert  M.  Hart. 

review,  75-76 

U 


Uinta  County  Courthouse,  photo,  39 
Union  Pacific  Railroad,  25,  28,  29 
U.  S.  Supreme  Court,  24,  25;  photos,  2,  3 
Upham,  Major  John  H.,  48,  51,  53,  55,  57 


Van  Devanter,  Willis,  211.  37.  38,  40,  41;  photo,  27 

Vanguard  of  Expansion:  Army  Engineers  in   The  Trans- Mississippi  West, 

1819-1879,  by  Department  of  the  Army,  review.  76-77 
Van  Orsdel.  JudgeJ.  A..  5.  8 

W 

Ward,  Margery  W.  and  George  S.  Tanner,  A  Fragment:  The  Autobiography 

of  Mary  Jane  Mount  Tanner,  review,  72-73 
Warren,  Senator  Francis  E.,  411,  14-15,  33,  36.  40;  photo.  7 
Washakie  hot  spring,  49,  50 
Watson,  Ella  "Cattle  Kate,"  37 
Weber.  David  J..  The  Taos  Trappers:  The  Fur  Trade  in  the  Far  Southwest, 

1540-1846,  review.  77 
Webster.  John,  S3 
The  Western  Peace  Officer,  A  Legacy  of  Law  and  Order,  by  Frank  R.  Pras- 

sel.  review,  81 
Wheeler,  Lt.  Homer  W.,  52,  56 
White,  Associate  Justice  Edward,  10 
Whitehead,  James  R.,  22 
Wilson,  Elinor, yim  Beckwourth:  Black  Mountain  Men  and  War  Chief  of  the 

Crows,  review,  82 
Wilson,  P.  S,  29 
Wind  River  Reservation,  45 
Winkle.  Harold.  71 

Winne.  Caroline  Frey.  44-63;  photo,  47 
Winne.  Surgeon  Charles  K..  45-63;  photo.  47 
Wolcott.  Frank.  29 
Worland,  Wyoming,  15 
Worland  Drainage  District,  17 
Wyncote,  Wyoming,  71 

Wyoming:  A  Geography,  by  Robert  Harold  Brown,  review,  73-74 
Wyoming  Development  Co..  15 
Wyoming  Organic  Act.  24 
"WSHS  32nd  Annual  Trek  — Goshen  and  Platte  County  Ranches,"  70-71 


Van  Buren,  John,  33 
Van  Devanter,  Isaac,  37 


Yankton,  S.D.,  22 
Yoder,  Oscar,  70 
Yoder.  Philip,  70 


85 


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Numerous  publications  from  the  Wyoming  State  Archives,  Museums  and 
Historical  Department  are  now  available  just  in  time  for  Christmas  giving.  The 
1982  Calendar  of  Wyoming  History  features  striking  historic  photographs  and 
interesting  "anniversaries"  from  our  state's  past.  The  calendar  is  $3.50  plus  tax 
and  may  be  purchased  at  local  bookstores  or  from  the  department,  Barrett 
Bldg.,  Cheyenne,  Wyoming  82002. 


tx/i^ct  ^at    ^/e^iyi  fM^i^tiMn^  ^n^c^ume^n^  . 


Buffalo  Bones:  Stories  From  Wyoming's  Past,  Vol.  1,  (1980).  A  compilation  of 
20  stories  from   Wyoming  history  including  the  tale  of  Wyoming's  first 
automobile  and  an  analysis  of 
Tom  Horn's  handwriting $1.50 plus  tax. 

Buffalo  Bones:  Stories  From  Wyoming's  Past,  Vol  II,  (1981).  Twenty-five  more 
stories  about  Wyoming  history  including  "Wild  Bill's  Bride,  "  "Pershing's 
Wyoming  Connection,  "  and  "Bad  Timing  for 
Butch  Cassidy  " $2.50  plus  tax. 

Fort  Bridger:  A  Brief  History,  (1981).  A  reprint  of  the  popular  Ellison  history 
of  the  famous  old  fur  trading  post  and  military  fort $3.50  plus  tax. 

Peopling  the  High  Plains:  Wyoming's  European  Heritage,  (1977).  The  human 
stories  of  the  groups  who  contributed  in  making  Wyoming  what  it  is  to- 
day, the  book  includes  chapters  on  the  English,  Germans,  Italians, 
Basques,  Eastern  Europeans  and  Greeks $7.95  plus  tax. 

Saleratus  and  Sagebrush:  The  Oregon  Trail  Through  Wyoming,  (1974).  The 
pioneers  used  Wyoming  as  a  trail  on  their  way  west.  This  vivid  account  of 
the  Wyoming  portion  of  the  route 
makes  fascinating  reading $3,50  plus  tax. 

Summer  Helmets  of  the  U.  S.  Army,  (1967).  An  in-depth  study  of  the  military 
headgear  used  on  the  frontier $2.00  plus  tax. 

Many  back  issues  0/ Annals  of  Wyoming  are  available  for  purchase  from  the 
department.   Write  or  call  for  a  listing  of  the  issues  still  in  print. 


87 


CONTRIBUTORS 


DANIEL  A.  NELSON  has  taught  social  studies  at 
Laramie  Junior  High  School  for  nine  years.  A  past  presi- 
dent of  the  Albany  County  Chapter,  WSHS,  and  a  past 
sheriff  of  the  Laramie  Corral  of  Westerners  Internation- 
al, Nelson  is  employed  each  summer  as  assistant  to  the 
director  of  Bradford  Brinton  Memorial  in  Big  Horn, 
Wyoming.  He  is  a  past  president  of  the  Wyoming 
chapter  of  Phi  Beta  Kappa.  The  Van  Devanter  article 
was  done  to  partially  fulfill  the  requirements  for  a  M. A. 
in  American  Studies  from  the  University  of  Wyoming. 
Professors  T.  A.  Larson  and  H.  R.  Dieterich  served  as 
advisors  on  the  project. 

JIM  DONAHUE  is  Archives  Research  Supervisor  in  the 
Archives  and  Records  Management  Division  of  the 
AMH  Department,  Cheyenne.  His  undergraduate 
studies  v^fere  in  history  at  the  University  of  Denver.  He 
completed  masters  and  doctoral  coursework  in  educa- 
tion at  the  University  of  Northern  Colorado.  Although 
this  is  his  first  published  article  in  Annals  of  Wyoming, 
Donahue  has  vw'itten  extensively  for  education  journals. 
"Drainage  Districts  and  the  Great  Depression"  evolved 
from  his  work  appraising  and  processing  the  bond 
records  of  the  Wyoming  State  Treasurer.  The  records 
are  held  in  the  AMH  Department. 

REBECCA  W.  THOMSON  practices  law  with  the  firm 
of  Burgess  and  Davis  in  Sheridan.  A  1978  graduate  of 
the  University  of  Denver  College  of  Law,  Thomson  also 
holds  a  M.  A.  degree  in  Law  Librarianship  from  the 
University  of  Denver.  She  was  law  clerk  to  Judge  Ewing 


T.  Kerr,  U.  S.  District  Judge,  in  1979-80.  This  article, 
written  as  part  of  history  of  the  Federal  judges  who  have 
served  in  this  circuit,  will  be  published  in  book  form  by 
the  10th  Circuit  Court  of  Appeals. 

THOMAS  R.  BUECKER  is  curator  of  Neligh  Mills 
Historic  Site,  Nebraska  State  Historical  Society.  A 
graduate  of  Kearney  State  College,  he  is  a  native  of 
Sidney,  Nebraska.  He  edited  Mrs.  Winne's  letter  from 
Sidney  Barracks  and  Fort  McPherson  for  an  article  in 
Nebraska  History,  Spring,  1981.  He  authored  "Fort 
Sidney:  Its  Role  on  the  Upper  Plains"  which  appeared  in 
Periodical:  The  Journal  of  C. A.M. P.  in  March,  1981. 
Buecker  was  assisted  on  the  Annals  article  by  Eli  Paul 
and  the  late  Paul  Riley  of  the  Nebraska  State  Historical 
Society  and  T.  M.  Stout  of  the  University  of  Nebraska, 
Lincoln. 

The  article  on  Dr.  Finfrock  was  first  presented  as  a 
paper  to  the  American  Institute  of  the  History  of  Phar- 
macy in  March,  1981,  at  St.  Louis.  Dr.  ANTHONY 
PALMIERI  is  associate  professor  of  Pharmaceutics  at 
the  University  of  Wyoming  College  of  Pharmacy.  A 
graduate  of  the  University  of  Rhode  Island,  he  was 
awarded  the  M.  A.  degree  from  Rhode  Island  and  the 
Ph.D.  degree  from  the  University  of  Georgia.  He  has 
published  extensively  in  pharmacy  journals  and  present- 
ly serves  as  editor  of  The  Mask  of  Kappa  Psi,  a  quarterly 
magazine.  The  article  was  co-authored  by  CHRIS- 
TOPHER E.  HUMBERSON,  a  pharmacy  student  at  the 
University  of  Wyoming  and  a  Casper  native. 


WYOMING  STATE  HISTORICAL  SOCIETY 

The  Wyoming  State  Historical  Society  was  organized  in  October,  1953. 
Membership  is  open  to  anyone  interested  in  history.  County  chapters  of  the 
society  have  been  chartered  in  most  of  the  twenty-three  counties  of  Wyoming. 
Past  presidents  of  the  society  include;  Frank  Bowron,  Casper,  1953-55;  William 
L.  Marion,  Lander,  1955-56;  Dr.  DeWitt  Dominick,  Cody,  1956-57;  Dr.  T.  A. 
Larson,  Laramie,  1957-58;  A.  H.  MacDougall,  Rawlins,  1958-59;  Mrs.  Thelma 
G.  Condit,  Buffalo,  1959-60;  E.  A.  Littleton,  Gillette,  1960-61;  Edness  Kimball 
Wilkins,  Casper,  1961-62;  Charles  Ritter,  Cheyenne,  1962-63;  Neal  E.  Miller, 
Rawlins,  1963-65;  Mrs.  Charles  Hord,  Casper,  1965-66;  Glenn  Sweem, 
Sheridan,  1966-67;  Adrian  Reynolds,  Green  River,  1967-68;  Curtiss  Root,  Tor- 
rington,  1968-69;  Mrs.  Hattie  Burnstad,  Worland,  1969-70;  J.  Reuel  Armstrong, 
Rawlins,  1970-71;  William  R.  Dubois,  Cheyenne,  1971-72;  Henry  F.  Chadey, 
Rock  Springs,  1972-73;  Richard  S.  Dumbrill,  Newcastle,  1973-74;  Henry  Jensen, 
Casper,  1974-75;  Jay  Brazelton,  Jackson,  1975-76;  Ray  Pendergraft,  Worland, 
1976-77;  David  J.  Wasden,  Cody,  1977-78;  Mabel  Brown,  Newcastle,  1978-79; 
James  June,  Green  River,  1979-80;  William  F.  Bragg,  Jr.,  Casper,  1980-81. 

Membership  information  may  be  obtained  from  the  Executive  Head- 
quarters, Wyoming  State  Historical  Society,  Barrett  Building,  Cheyenne, 
Wyoming  82002.  Dues  in  the  state  society  are: 

Life  Membership   $100 

Joint  Life  Membership  (husband  and  wife) $150 

Annual  Membership $5 

Joint  Annual  Membership  (two  persons  of  same  family 

at  same  address) $7 

Institutional  Membership $10 

President,  Don  Hodgson,  Torrington 
First  Vice  President,  Clara  Jensen,  Casper 
IVol-iyoZ        Second  Vice  President,  Fern  Gaensslen,  Green  River 
vjrricers  Secretary -Treasurer,  Ellen  Mueller,  Cheyenne 

Executive  Secretary,  Dr.  Michael  J.  Boyle,  Cheyenne 


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